Right to Rent checks for lodgers and room lets in England, and what the Home Office code starting 1 October 2026 changes. A pointer, not legal advice.
Written by RoomNest.uk. Last updated 27 September 2026.
Short answer: if you let a room in England, including to a lodger in your own home, you must check that every adult who will live there has the right to rent before they move in. A new Home Office code of practice applies to checks made from 1 October 2026. For most landlords the checks stay the same. The main change is that if you use a digital identity provider, it must be a registered Right to Rent provider. This page is a pointer to the official rules, not legal advice.
Who has to do Right to Rent checks
The Right to Rent Scheme applies in England. It does not apply to lets in Wales, Scotland or Northern Ireland. The Home Office code defines a landlord as someone who lets accommodation to an adult as their only or main home, and it says this includes people who take in lodgers and tenants who sublet.
So if you have a spare room and you let it to someone who will live there, you are a landlord for Right to Rent, even if you live in the house and the arrangement is a lodger licence rather than a tenancy. If an agent has agreed in writing to do the checks for you, the responsibility sits with the agent.
Who you must check
- Every adult aged 18 or over who will live in the room as their only or main home.
- British and Irish citizens as well as everyone else. You check everyone the same way.
- People who are not named on the agreement but will still live there, such as a partner.
- Written, verbal and implied agreements all count.
You do not need to check children under 18. If a child in the household turns 18 later, include them the next time a follow-up check is due.
When to check
- Unlimited right to rent (for example a British or Irish citizen, or someone with settled status): you can check at any time before the agreement is made.
- Time-limited right to rent: the check must be done and recorded no earlier than 28 calendar days before the start date.
- Follow-up checks: if the right is time-limited, you must check again before it runs out to keep your protection.
The three ways to do a check
1. A manual document check
Ask for original documents from the Home Office's List A or List B. Check them with the person present, in person or on a video call, and make sure the photo and date of birth match the person in front of you. Copy each document clearly, front and back where needed, in a format that cannot be altered. Record the date you made the check.
2. The Home Office online check with a share code
The person generates a share code and gives it to you, along with their date of birth. You enter it on the Home Office Right to Rent checking service. If someone has an eVisa, this online check is the only way to confirm their right to rent. Looking at their own immigration status page is not enough. It must be the Home Office landlord check.
3. A digital identity provider
For British and Irish passports, and Irish passport cards, you can pay a digital identity provider to do the identity part of the check. This is optional. You never have to use one.
What changes on 1 October 2026
The Home Office published the seventh version of the code of practice on 30 June 2026. It replaces the January 2024 version and comes into force on 1 October 2026. The published changes include:
- Registered digital providers only. If you use a digital identity provider, it must be a registered Right to Rent digital verification service provider (called an RtR DVSP in the code). Using one that is not registered will not give you the legal protection the check is meant to provide.
- Recently expired British and Irish passports. A registered provider can check a British or Irish passport, or Irish passport card, up to six months past its expiry date.
- Digital documents. The lists of acceptable documents now include digital versions that you can verify came from the issuing body.
- Clearer timing. The code sets out more plainly when initial and follow-up checks must be made.
A check you completed properly before 1 October is judged under the code that applied when you made it. A check that falls due on or after 1 October, including a follow-up check, must follow the new code.
Keep the records
Keep a clear, dated copy of the documents or the online check result for as long as the person lives there, and for one year after they leave. Then destroy the copies securely. If a follow-up check shows that someone no longer has the right to rent, report it to the Home Office. That report keeps your protection in place.
Treat everyone the same
It is unlawful to discriminate against people because of race or other protected characteristics when you let a room. Check every adult in the same way. Do not skip checks for people you assume are British, and do not put people off because their documents look unfamiliar. The Home Office publishes a separate code on avoiding discrimination.
What happens if you do not check
If you let a room to someone who does not have the right to rent and you did not carry out a proper check, the Home Office can issue a civil penalty for each occupier. Penalty amounts are set by the Home Office and can change, so check the current figures on GOV.UK rather than relying on a number from a blog.
Check the official guidance
- Check your tenant's right to rent (GOV.UK)
- Right to Rent code of practice, including the version for 1 October 2026 (GOV.UK)
- Use a share code to check a tenant's right to rent (GOV.UK)
If a rule on this page is different from the GOV.UK guidance, follow GOV.UK.
How this fits with a RoomNest listing
A RoomNest viewing request only books a time to see the room. It is not a tenancy and no payment is taken on the site. Do the Right to Rent check after the viewing, once you have agreed that someone will move in and before the agreement starts.