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If you're trying to rent a flat in England, your landlord legally has to check whether you have the right to live in the UK. This is called the Right to Rent check, and it applies to every adult tenant — British, Irish, EU, non-EU, anyone.
It's not optional. A landlord who skips it can be fined £20,000 per tenant or jailed for up to 5 years. A landlord who does it wrong — for example, asking only foreign-looking applicants — can be sued for discrimination.
Which means the check is also one of the most stressful parts of UK renting for foreign applicants. Get one document wrong and your application stalls. Bring the wrong proof and the landlord may simply pick someone else.
This guide explains exactly what documents you need, what to bring to a viewing, what landlords legally must do (and what they sometimes ask but shouldn't), and the mistakes that quietly kill applications before you even know they did.
What is the Right to Rent check?
The Right to Rent scheme started in 2016 as part of the Immigration Act 2014. It requires landlords in England to verify that every adult living in a property has the legal right to be in the UK.
It applies to:
- All private rentals in England (not Scotland, Wales, or Northern Ireland — they have separate rules)
- Every adult tenant aged 18 or over, including those not named on the tenancy agreement
- All tenancy types — assured shorthold, lodger agreements, sub-lets, even informal rentals
It doesn't apply to:
- Social housing tenancies
- Care homes and student halls of residence
- Tenancies that started before 1 February 2016 (you keep your existing rights)
- Holiday lets under 3 months
The landlord does the check before the tenancy starts, usually at the same time as referencing. If you don't pass, they can't legally rent to you.
Documents accepted in 2026
The Home Office publishes a list of documents the landlord can check. It's split into two groups.
Group 1: Permanent right to rent
If you have any one of these, you can rent indefinitely with no follow-up checks:
- UK or Irish passport (current or expired)
- EEA/Swiss passport or national ID card issued before 1 January 2021 combined with settled or pre-settled status under EU Settlement Scheme
- UK Biometric Residence Permit (BRP) showing indefinite leave to remain
- Certificate of registration or naturalisation as a British citizen
- Permanent residence document issued under EEA rules
Group 2: Time-limited right to rent
If you have any of these, you can rent — but the landlord must re-check before your status expires:
- Current passport from a non-EEA country with a valid UK visa
- Biometric Residence Permit (BRP) with limited leave to remain
- eVisa (digital immigration status) — increasingly common in 2026
- Application Registration Card (ARC) for asylum seekers permitted to work
- Certificate of Application (CoA) for EU Settlement Scheme applicants
The landlord must record an expiry date and run a follow-up check before that date or 12 months after the first check, whichever is later.
The eVisa shift
From 2025 onwards, the Home Office has been moving everyone from physical BRP cards to eVisas (digital status checked online).
If you have an eVisa, you don't bring a card — you give the landlord a share code generated from your UKVI account. The landlord enters the code on the gov.uk Right to Rent service and gets your status in real time.
This is faster and more secure than passing around physical documents, but it relies on you knowing how to generate a share code. We cover that below.
What landlords must do during the check
The check has three parts. If the landlord skips one, the check is invalid and they're not protected from a fine.
Step 1: Obtain the document
The landlord asks for original documents (or for non-physical statuses, your share code). Photocopies are not enough. Screenshots are not enough. They need to see the actual document or the live online check.
For physical documents:
- They must be originals, not copies
- They must belong to you (the landlord checks the photo matches your face)
- They must be current, unless it's a UK or Irish passport — those are accepted even if expired
For eVisas:
- You give a share code (9 characters, starts with a letter)
- The landlord uses the Right to Rent online service
- The result is returned instantly with your photo and status
Step 2: Check the document
The landlord verifies:
- The document is genuine (no obvious tampering)
- The photo matches you
- Dates of birth across documents are consistent
- The document hasn't expired (unless permanent right)
- For two-document combinations (e.g. EEA card + EUSS letter), both are present
For digital checks, this is automated — the system returns either "right to rent" or "no right to rent" and the landlord saves the result.
Step 3: Copy and keep records
The landlord must:
- Take a clear copy of the document (or save the digital share code result)
- Date the copy
- Keep the record for one year after the tenancy ends
This is the part landlords most often get wrong — taking the document but not properly dating the copy, or losing the records, which means they can't prove they did the check if challenged later.
What landlords cannot do
The Right to Rent check is a legal requirement, but it's also been criticised for encouraging discrimination. The Home Office is clear about what landlords cannot do:
- They cannot only check foreign applicants. The check must apply to everyone, including British and Irish nationals.
- They cannot refuse to rent to you just because your document is in Group 2 (time-limited), as long as your status is currently valid.
- They cannot demand more documents than the list requires. If you have a valid passport with a visa, that's enough — they can't also demand bank statements as "proof of your right to be here" (they can demand bank statements as financial proof, which is a separate thing).
- They cannot charge you a fee for the check. It's free for the tenant.
- They cannot check the documents of people who aren't tenants (your visitors, children, etc., unless those children are living there long-term and over 18).
If a landlord refuses to rent to you on the basis of your nationality or visa status, that's likely direct discrimination under the Equality Act 2010. You can take it to the Property Ombudsman or, in serious cases, an employment tribunal-equivalent. Most cases resolve with the landlord apologising and either offering the property or paying compensation.
What landlords often ask that they shouldn't
In practice, many landlords (especially private ones renting their first flat) get this wrong. Common asks that aren't strictly required:
"Can you send me a scan of your visa in advance?" — You don't have to. The check happens in person or via the online service, and sending visa scans by email exposes you to identity theft. If you do send a scan, watermark it ("for tenancy reference only") and make sure the recipient is the actual landlord, not a scam.
"I need to keep your passport for a week while I verify it." — No. The check takes 5 minutes, in person or online. No legitimate landlord keeps original documents.
"I need a UK guarantor because your visa is only valid for 2 years." — Visa length is unrelated to needing a guarantor. A guarantor is about financial security, not immigration status. If they're tying the two together, that's a yellow flag.
"Your visa expires in 14 months and the tenancy is 12 months, so I need to charge you a higher deposit." — Landlords cannot legally charge higher deposits based on visa status. The Tenant Fees Act 2019 caps deposits at 5 weeks' rent for tenancies under £50,000/year, regardless of nationality.
"Send me your passport, visa, employment letter, and three months of bank statements via WhatsApp." — Send sensitive documents through a secure channel like a letting agent's portal, an encrypted email service, or in person. WhatsApp messages get backed up to cloud storage, screenshots travel, and there's no legal protection.
If a landlord pushes back when you decline any of these, ask them to confirm in writing why they need it. Most will quietly drop the request.
How to get a share code (eVisa users)
If you have an eVisa, you need to generate a share code before viewings. It takes 5 minutes.
- Go to gov.uk/view-prove-immigration-status
- Sign in with your UKVI account credentials
- Select "Prove your right to rent in England"
- Generate a share code (valid for 90 days)
- Give the code to the landlord, along with your date of birth
You can generate the code in advance and bring it to viewings on a printed card or a saved screenshot. The landlord doesn't need access to your UKVI account — they only need the code and your DOB.
If you don't have a UKVI account yet but have a BRP, you'll need to create one at gov.uk/get-access-evisa. The process takes about 15 minutes and requires your BRP number, current address, and a phone with a camera (for facial verification).
What to bring to a viewing
You don't legally have to do the Right to Rent check at the viewing itself — it can wait until the offer is accepted. But landlords increasingly prefer applicants who are "check-ready" because it speeds up the process.
For a viewing, ideally bring:
- Your passport (or a clear photo of it on your phone)
- Your visa or BRP (or the share code if you have an eVisa)
- A letter from your employer confirming employment and salary
- Last 2–3 months of payslips
- 3 months of bank statements showing rent affordability
- A UK address history of the last 3 years (if you've been in the UK that long)
- References from previous landlords (UK or foreign — both are accepted)
If you're new to the UK, replace UK landlord references with:
- A reference from your employer
- A reference from your previous landlord abroad (translated to English if needed)
- A solicitor's letter confirming your status (if you have one)
Bring originals plus copies. Hand over copies, let the landlord see originals.
The most common mistakes
Mistakes that quietly kill applications:
1. Expired visa. Even if your renewal is in progress, an expired visa means no right to rent until the renewal is granted. Don't apply for tenancies starting before your renewal date.
2. Wrong document combination. EEA citizens often bring just their ID card. Since Brexit, that's not enough — you need the ID card plus proof of EU Settlement Scheme status (settled or pre-settled).
3. No share code. eVisa holders showing up with just their BRP card. The card may be valid, but if your status is digital, the landlord needs the share code — the card alone won't work for new tenancies.
4. Joint tenancy mismatch. Two people apply together. One has full right to rent, the other has time-limited. The whole tenancy gets treated as time-limited, which means an earlier follow-up check.
5. Inconsistent dates. Date of birth on passport doesn't match date on BRP. This is sometimes a transcription error from the Home Office, but the landlord sees it as a red flag. If you know there's an inconsistency, bring documentation explaining it.
6. Not declaring an upcoming visa change. You apply with 8 months left on a 2-year visa. The landlord asks "any changes coming?" and you say no, because you've applied for an extension. The landlord finds out and pulls the offer. Always declare upcoming changes — most landlords are fine with renewals, they just want to know.
7. Letting the agent do the check incorrectly. Letting agents sometimes do bulk checks where they ask for documents but don't actually run them properly. Six months later, the landlord realises the check is invalid and asks you to redo it. To avoid this, ask the agent which method they're using — physical document check or online share code service — and keep a copy of the result.
What happens if you fail the check
"Failing" the check doesn't mean failing as a person — it means your documents don't currently prove a right to rent.
Common reasons:
- Status under verification. Your visa application or settlement scheme application is still pending. The Home Office issues a Certificate of Application (CoA), which gives you the right to rent while you wait. Show this.
- Document expired but renewal in progress. Same answer — request a CoA from the Home Office or wait for the renewal to be granted before applying.
- Genuine no right to rent. Your visa has expired and you have no renewal. In this case, the landlord cannot rent to you, and continuing to seek a tenancy could complicate your immigration position. Consult an immigration solicitor.
If a landlord wrongly says you've failed the check (for example, they don't accept a valid CoA), you can:
- Show them the gov.uk Right to Rent code of practice section that confirms CoA acceptance
- Ask them to call the Home Office Landlord Helpline (0300 069 9799)
- If they still refuse, report potential discrimination via Property Ombudsman
Right to Rent in Scotland, Wales, and Northern Ireland
The Right to Rent scheme does not apply in Scotland, Wales, or Northern Ireland.
In those countries:
- Scotland: Landlords cannot check immigration status as part of the rental process. They can check identity for fraud protection but cannot reject you on visa grounds.
- Wales: Same as Scotland.
- Northern Ireland: Same as Scotland.
If you're moving to Edinburgh, Glasgow, Cardiff, Swansea, or Belfast, you may still be asked for identity documents, but you don't need to prove right to rent in the immigration sense.
This is one of the quiet reasons foreign professionals sometimes choose Edinburgh or Glasgow over London — the renting paperwork is simpler.
What this means for your search
Right to Rent is the most common reason foreign applicants get filtered out — not because they fail the check, but because they didn't realise how front-loaded the paperwork is.
When you're searching:
- Have your documents ready before you start viewing
- Generate your share code in advance if you have an eVisa
- Know which group your documents fall into (permanent or time-limited)
- Bring a printed cheat sheet of what's accepted, so a confused landlord can verify it on the spot
If you're searching with Nook, Wren extracts Right to Rent expectations from listings automatically and adds them to your dossier requirements before you apply. So you know what to bring before you turn up, not after the landlord asks.
Renting in the UK as a foreigner isn't complicated — but the moment a landlord asks for a document you don't have, you fall to the back of the queue. The fix is preparation, not luck.
Frequently asked questions
Real estate journalist with 8 years covering the UK rental market. Previously at The Telegraph property section.