The Right to Rent share code allows tenants to prove they have permission to rent property in the UK.
Right to Rent share codes are primarily used by non-UK nationals who need to verify their immigration status as part of the pre-tenancy referencing process. By sharing this code with a landlord, the landlord can easily check the tenant’s eligibility to rent through the government’s online verification service.
The code allows tenants to provide proof of their right to rent quickly and securely, while for landlords, share codes offer a simplified and accurate way to comply with their duty to verify tenants’ status before entering into a rental agreement. Landlords that fail to conduct the pre-tenancy checks properly can face penalties, including substantial fines.
In this article, we take a comprehensive look at the Right to Rent share code, from how to generate a code as a tenant to how landlords should use this code to verify someone’s Right to Rent. We’ll cover the steps involved, answer common questions, and explain why staying compliant with this requirement is essential.
Section A: What is a Right to Rent Share Code?
A Right to Rent share code is a unique, alphanumeric code generated through the UK Government’s “Check your immigration status” online service. It allows tenants, particularly those who are non-UK nationals, to prove their legal right to rent property in the UK.
The share code is issued through an online system and is used by landlords to verify the tenant’s immigration status before entering into a rental agreement. It streamlines the process of confirming whether a prospective tenant is legally permitted to rent in the UK, ensuring both parties remain compliant with immigration laws.
1. Legal Requirement for Landlords
For private landlords, and their letting agents, it is a legal requirement under the Immigration Act 2014 to check the immigration status of every prospective tenant to confirm they have the right to rent in the UK. Landlords must carry out these checks for every new tenant, regardless of nationality, and failure to do so could lead to civil penalties, including fines of up to £20,000 per tenant.
The share code offers landlords a simple, fast, and secure way to fulfil this legal obligation without needing to handle sensitive personal documents.
2. How Share Codes are Used to Prove Right to Rent
Private landlords and letting agents in the UK are required by law to verify that a tenant is allowed to rent property in England.
To prove their Right to Rent, tenants can either provide an acceptable form of documentation (such as a passport or immigration document) or they can request a share code through the government website.
Once a tenant has generated their Right to Rent share code, they can provide it to their prospective landlord or the letting agent. The landlord then uses this code, along with the tenant’s date of birth, to access the UK Government’s online Right to Rent service.
The process works as follows:
Step 1: Tenant generates the share code
The tenant goes to the UK Government’s immigration status checker website and creates the code by entering their personal information, such as passport details or visa information.
Step 2: Tenant provides the code to the landlord
The share code is valid for 30 days, and the tenant must share it with their landlord before the rental agreement is finalised.
Step 3: Landlord verifies the tenant’s status
The landlord enters the share code and tenant’s date of birth on the government’s Right to Rent checking service, which confirms in real-time whether the tenant has the Right to Rent in the UK.
If the verification is successful, the landlord can print or save a record of the check, which should be kept as proof of compliance.
Table: Right to Rent Check Outcomes
Outcome
|
Meaning
|
Action Required by Landlord
|
---|---|---|
Unlimited Right to Rent
|
Tenant can rent indefinitely.
|
No further checks needed.
|
Time-limited Right to Rent
|
Tenant has the right to rent for a limited period.
|
Follow-up check required before status expires.
|
No Right to Rent
|
Tenant does not have legal status to rent.
|
Cannot proceed with tenancy.
|
Pending Home Office Decision
|
Tenant’s status is being reviewed by the Home Office.
|
Seek verification via Home Office Landlord Checking Service.
|
Section B: Who Needs a Right to Rent Share Code?
The Right to Rent share code is essential for certain groups of tenants, particularly those who are non-UK nationals or individuals with limited residency rights.
1. Who has the Right to Rent?
In the UK, the Right to Rent is held by individuals who have legal permission to live in the country. Those who have the right to rent include:
a. UK Citizens: British nationals automatically have the right to rent property in the UK without the need for further checks beyond basic identification.
b. EEA, EU, and Swiss Nationals: EU, EEA, and Swiss citizens who have settled or pre-settled status under the UK’s EU Settlement Scheme also have the right to rent. They may need to provide a Right to Rent share code to prove their status.
c. Non-UK Nationals with a Visa or Residency Permit: Non-EU nationals who have valid visas or Biometric Residence Permits (BRP) with permission to stay in the UK also have the right to rent. They are often required to generate a Right to Rent share code to prove their immigration status.
d. Individuals with Indefinite Leave to Remain (ILR) or Permanent Residency: People with indefinite leave to remain in the UK, as well as those who have permanent residency, are entitled to rent without further restrictions.
e. Asylum Seekers and Those with Temporary Residency: People waiting for a decision on their asylum or visa application may still have the right to rent temporarily, which can be verified via the Home Office Landlord Checking Service.
2. Who Needs to Prove Their Right to Rent?
Share codes are generally used by tenants who are:
a. Non-UK nationals: Anyone from outside the UK, including European Union (EU), European Economic Area (EEA) nationals, or Swiss citizens, may need to provide this code to prove their legal status to rent in the UK.
b. Temporary or limited residents: Individuals with visas, limited leave to remain, or other types of restricted immigration status must generate the share code as proof of their right to rent.
3. Timeframes and Penalties for Non-Compliance
Right to Rent checks should form part of the pre-tenancy process.
An initial check should be performed before the rental agreement is signed. If the tenant has limited rights to remain in the UK, follow-up checks may be necessary. For tenants with temporary immigration status, landlords must perform another check just before the expiration of the tenant’s permission to stay.
If a landlord rents a property without performing the required Right to Rent checks, they could face substantial fines. The penalty for renting to someone who does not have the legal right to rent can be up to £20,000 per tenant. Landlords who deliberately ignore Right to Rent rules could face criminal charges, including imprisonment.
Table: Penalties for Landlords for Non-Compliance
Offence
|
Penalty
|
---|---|
Renting to a tenant without a right to rent
|
Fine up to £20,000 per tenant.
|
Failing to perform a follow-up check for time-limited tenants
|
Fine up to £20,000 or potential criminal charges in extreme cases.
|
Knowingly renting to someone without legal status
|
Criminal charges, potential imprisonment, and unlimited fines.
|
Landlords are encouraged to stay vigilant and ensure that these checks are carried out thoroughly. Regularly reviewing the status of tenants with temporary residency and following up as needed is a key part of avoiding penalties and maintaining compliance with the law.
Section C: How to Get Your Right to Rent Share Code
Obtaining a Right to Rent share code is a straightforward process that tenants can complete online through the UK government’s website.
1. Step-by-Step Guide to Generate a Share Code
The following are the key steps to generate a share code:
Table: Steps to Generate a Right to Rent Share Code
Step
|
Description
|
---|---|
1. Visit GOV.UK
|
Go to the GOV.UK website and select “Prove your right to rent”.
|
2. Enter Immigration Details
|
Provide passport/BRP/visa number and date of birth.
|
3. Verify Identity
|
Follow instructions to verify your identity (may include receiving a confirmation code via email/SMS).
|
4. Generate Share Code
|
Receive a unique code that is valid for 30 days.
|
5. Provide to Landlord
|
Share the code along with your date of birth for verification.
|
Step 1: Visit the GOV.UK Website
Go to the GOV.UK website and navigate to the section called “Prove your right to rent to a landlord” or search for “Right to Rent share code” in the search bar.
Step 2: Select the Option to Get a Share Code
On the page, you’ll find an option that says “Start now” to begin the process. Click on this button, and it will direct you to the next step.
Step 3: Log in Using Your Immigration Details
You will be asked to log in using your immigration status details. This includes providing your passport number or national identity card (for EU/EEA/Swiss nationals), or for other non-UK nationals, you will need your Biometric Residence Permit (BRP) or Visa Reference Number (if applicable).
You may also need to provide your date of birth and the email address or mobile number linked to your immigration status.
Step 4: Confirm Your Identity
After entering your immigration details, you may need to answer security questions or confirm your identity using your BRP or passport.
In some cases, you might receive a confirmation code on your phone or email, which you will need to enter to proceed.
Step 5: Generate the Share Code
Once your identity and immigration status are verified, the system will generate a unique Right to Rent share code. This code will typically consist of a series of letters and numbers.
Step 6: Provide the Share Code to Your Landlord
The share code will be displayed on the screen, and you can also have it sent to your email. Share this code with your landlord, along with your date of birth, so they can verify your right to rent via the Right to Rent online service.
Step 7: Validity of the Share Code
The share code is usually valid for 90 days, so it’s important to provide it to your landlord within this time frame. After 90 days, the code will expire, and you may need to generate a new one if requested by your landlord.
2. Necessary Documents & Information
To successfully generate your Right to Rent share code, you will need the following:
a. Passport or National Identity Card: For EU, EEA, or Swiss citizens, your passport number or national identity card number will be required.
b. Biometric Residence Permit (BRP) or Visa: For other non-UK nationals, your Biometric Residence Permit or visa reference number will be needed. This applies to individuals with limited or temporary immigration status.
c. Date of Birth: Your date of birth must be entered to verify your identity.
d. Email Address or Mobile Number: The email address or mobile number associated with your immigration records is often required to receive a verification code or other security checks.
Section D: How Landlords Can Check a Tenant’s Right to Rent
Share codes are designed to simplify the process of verifying someone’s Right to Rent.
1. Process for Landlords to Verify the Share Code Using the Online Service
To verify a tenant’s Right to Rent, landlords can follow these simple steps using the GOV.UK Right to Rent online service:
Table: Landlord’s Process for Verifying Right to Rent Share Code
Step
|
Description
|
---|---|
1. Obtain Share Code and Date of Birth
|
Tenant provides the code and their date of birth.
|
2. Visit GOV.UK Right to Rent Service
|
Go to the GOV.UK Right to Rent online service and enter the details.
|
3. View Result
|
Check the tenant’s immigration status (limited or unlimited right to rent).
|
4. Save Record
|
Print or save the verification result for your records (required for audit and compliance).
|
Step 1: Obtain the Share Code and Tenant’s Date of Birth
The tenant will provide a unique Right to Rent share code and their date of birth. This code is valid for 90 days, so landlords should verify it promptly.
Step 2: Visit the GOV.UK Website
Go to the GOV.UK Right to Rent service page. This service allows landlords to check a tenant’s right to rent based on the share code provided.
Step 3: Enter the Share Code and Date of Birth
Input the tenant’s share code and date of birth into the provided fields. This will allow the system to retrieve the tenant’s immigration status and confirm whether they have the right to rent a property in the UK.
Step 4: View the Tenant’s Right to Rent Status
The system will display the tenant’s immigration status, showing whether they have the right to rent in the UK and whether it is limited or unlimited:
a. Unlimited Right to Rent: No restrictions; the tenant has the legal right to rent indefinitely.
b. Time-limited Right to Rent: The tenant’s right to rent is valid until a specific date, after which the landlord must conduct a follow-up check.
Step 5: Save or Print the Results
After completing the check, landlords must save or print a copy of the result for their records. This provides proof of compliance with Right to Rent regulations, which is crucial in the event of any future audits or legal enquiries.
2. Importance of Keeping Records
It is vital for landlords to keep accurate and detailed records of their Right to Rent checks. This includes:
a. Proof of Compliance: Landlords are legally obligated to verify a tenant’s right to rent before entering into a tenancy agreement. Keeping a record of the check proves that the landlord has complied with this legal requirement, protecting them from potential penalties.
b. Record Retention Period: The Right to Rent records should be kept for at least one year after the tenancy ends. These records include copies of the tenant’s share code verification and any relevant follow-up checks.
c. Audit Trail: In the event of an audit by the Home Office or other regulatory authorities, landlords must be able to show that they followed the proper procedures. Maintaining detailed records ensures that they have a clear audit trail showing when the checks were completed and the results.
d. Follow-up Checks for Time-Limited Tenants: If the tenant has a time-limited right to rent, landlords must conduct a follow-up check before the tenant’s right expires. Keeping track of this helps avoid non-compliance.
Failure to maintain these records could result in penalties, even if the landlord initially completed the right checks, as they would lack proof that these checks were carried out.
Table: Key Timeframes for Right to Rent Checks
Action
|
Timeframe
|
---|---|
Initial Right to Rent Check
|
Before the tenancy agreement is signed.
|
Follow-up Check for Time-limited Tenants
|
Before the tenant’s current immigration status expires.
|
Record Retention Period
|
One year after the tenancy ends.
|
3. What to Do If a Tenant Doesn’t Have a Share Code
There may be situations where a prospective tenant does not have a share code. Here’s how landlords can handle such cases:
a. UK Citizens and Settled Status Residents
UK citizens, individuals with indefinite leave to remain, or those with settled status typically do not need a share code. Instead, they can provide original documents such as a valid UK passport, a birth certificate or certificate of naturalisation or a permanent residence card or settled status confirmation.
b. Temporary Residents or Those Awaiting Status
If a tenant is awaiting a decision on their immigration status or visa application, they may not have a share code yet. In such cases, the landlord should either request a Right to Rent check on GOV.UK or call the Landlord Right to Rent Helpline on 0300 069 9799.
c. Request a Share Code from the Tenant
If the tenant is a non-UK national with a right to reside but does not yet have a share code, landlords should direct them to the GOV.UK website to generate their code. This process is quick and can usually be completed in a few minutes.
d. When in Doubt, Contact the Home Office
If a tenant cannot provide the necessary documents or a share code, landlords should contact the Home Office Landlord Checking Service. This service can verify the tenant’s immigration status in cases where immediate proof is unavailable.
4. Right to Rent Check Failed
If the tenant does not pass the Right to Rent check, the landlord cannot offer the individual the tenancy.
If the tenant fails to pass a follow-up check, the landlord is required to notify the Home Office, who will assist with checking that there has not been an error. The landlord is not required to end the tenancy on the grounds of a failed follow-up check unless advised to do so by the Home Office.
Section E: Protection Against Discrimination
The Right to Rent legislation requires landlords to verify a tenant’s legal right to rent in the UK, but this process must be conducted fairly and without discrimination. Both landlords and letting agents have a duty to ensure that checks are applied consistently to all prospective tenants, regardless of their nationality, ethnicity, or immigration status.
1. Landlord Duties
Landlords must check the right to rent for every tenant, regardless of whether the individual is a UK citizen or a non-UK national. Failure to do so could result in discrimination claims.
It is also unlawful for a landlord to refuse to rent a property to someone solely based on their nationality or immigration status if they have the legal right to rent.
Landlords are required to:
a. Treat all potential tenants equally during the checks.
b. Request the same documents from all applicants, such as a passport or Right to Rent share code, without assuming a person’s status based on appearance, name, or accent.
c. Follow-up checks should be applied uniformly to all tenants with time-limited rights to rent rather than singling out specific individuals.
2. Tenants’ Rights
Tenants have the right to fair treatment during the rental process.
Landlords and agents are prohibited from treating tenants differently or unfairly based on:
a. Nationality or country of birth
b. Race, skin colour, or ethnic background
c. How long they have lived in the UK
d. Accent or English language ability
This means a landlord or letting agent, cannot refuse to consider a tenant simply because they are not a UK citizen or because they have limited immigration status.
Tenants who feel they have been discriminated against due to their nationality or immigration status may be able to take legal action.
Section F: Summary
The Right to Rent share code is a unique, digital code used by non-UK nationals and individuals with limited residency status to prove their legal right to rent property in the UK. It was introduced as part of the UK government’s immigration control measures to ensure that landlords only rent to individuals who are legally allowed to reside in the country.
Landlords are legally required to check this share code before agreeing to rent to a tenant. By entering the tenant’s code and date of birth into the GOV.UK Right to Rent online service, landlords can quickly confirm the individual’s immigration status. The code is valid for 90 days and should be provided to landlords before any rental agreement is finalised.
Failure to carry out proper Right to Rent checks can result in serious consequences for landlords, including fines of up to £20,000 per tenant. In more severe cases, landlords could face criminal charges and potential imprisonment for knowingly renting to individuals without the legal right to rent.
Landlords must also maintain records of their checks for at least one year after the tenancy ends, and for tenants with a limited right to rent, they must conduct follow-up checks before the expiration of the tenant’s immigration status.
Section G: Right to Rent Share Code FAQs
What is a Right to Rent share code?
A Right to Rent share code is a unique code generated by non-UK nationals or individuals with limited residency status to prove their legal right to rent a property in the UK. It is obtained through the GOV.UK website and shared with landlords for verification.
Who needs a Right to Rent share code?
Non-UK nationals, including EU, EEA, and Swiss citizens, and anyone with a temporary or limited immigration status, will need to provide a Right to Rent share code. UK citizens and those with settled or indefinite leave to remain generally do not need a share code but can provide other documents.
How do landlords check a tenant’s Right to Rent share code?
Landlords can verify a tenant’s share code by visiting the GOV.UK Right to Rent online service. They will enter the share code and the tenant’s date of birth to confirm their right to rent in the UK.
What documents do tenants need to generate a share code?
Tenants need their passport, national identity card, Biometric Residence Permit (BRP), or visa reference number to generate a share code. They will also need to provide their date of birth.
How long is the share code valid?
A Right to Rent share code is valid for 30 days from the date it is generated. After this period, tenants may need to generate a new code if requested by their landlord.
Do UK citizens need to provide a share code?
No, UK citizens do not need to provide a share code. Instead, they can use documents such as a valid UK passport, birth certificate, or other acceptable identification to prove their right to rent.
What happens if a tenant doesn’t have a share code?
If a tenant cannot provide a share code, they should generate one via the GOV.UK website. If this is not possible, the landlord can verify their status using alternative documents or contact the Home Office Landlord Checking Service for further assistance.
What are the penalties for landlords who do not perform Right to Rent checks?
Landlords who fail to carry out Right to Rent checks can face a fine of up to £20,000 per tenant. In more serious cases, where a landlord knowingly rents to someone without the legal right to rent, criminal charges and imprisonment may apply.
Can a tenant with a time-limited right to rent stay in the property indefinitely?
No, if a tenant has a time-limited right to rent, the landlord must conduct a follow-up check before their right to rent expires. The tenant will need to provide updated proof of their status to remain in the property legally.
What should landlords do if a tenant’s share code doesn’t work or shows they don’t have the right to rent?
If a tenant’s share code does not work or shows that they do not have the right to rent, the landlord should contact the tenant to resolve the issue. If necessary, they can use the Home Office Landlord Checking Service for further verification. If the tenant does not have the legal right to rent, the landlord cannot proceed with the tenancy.
Section H: Glossary
Term
|
Definition
|
---|---|
Right to Rent
|
A legal requirement in England for landlords to verify a tenant’s immigration status to confirm they have the right to rent a property.
|
Share Code
|
A unique code generated via the GOV.UK website, allowing landlords to check a tenant’s immigration status online.
|
Tenant
|
A person who rents or leases a property from a landlord.
|
Landlord
|
A person or organisation that owns a property and rents it out to tenants.
|
Biometric Residence Permit (BRP)
|
An official document issued to non-UK nationals, containing their visa information and proving their immigration status in the UK.
|
Limited Right to Rent
|
A tenant’s right to rent that is valid only for a specific period, usually linked to their immigration status or visa.
|
Unlimited Right to Rent
|
A tenant’s permanent or indefinite right to rent a property in the UK without time restrictions.
|
The official website for UK government services and information, where tenants can generate their Right to Rent share code.
|
|
Follow-up Check
|
A subsequent check that landlords must perform when a tenant’s Right to Rent is time-limited, usually just before their immigration status expires.
|
Home Office Landlord Checking Service
|
A government service that landlords can use to verify a tenant’s right to rent if they are unable to provide a share code or documents.
|
Immigration Status
|
A person’s legal standing in the UK regarding their right to live, work, or rent, often determined by visa or residency permits.
|
Civil Penalty
|
A fine imposed on landlords for renting a property to someone who does not have the legal right to rent, which can be up to £3,000 per tenant.
|
Visa Reference Number
|
A unique number issued with a visa application, used to track immigration status and verify residency or work rights in the UK.
|
Indefinite Leave to Remain (ILR)
|
A type of immigration status that grants a non-UK national the right to stay in the UK indefinitely, including the right to rent property.
|
Settled Status
|
An immigration status for EU, EEA, and Swiss nationals who have lived in the UK for a certain period post-Brexit, allowing them indefinite residence rights.
|
Time-limited Right to Rent
|
A situation where the tenant’s right to rent is valid only for a fixed period, requiring further verification before their status expires.
|
Criminal Penalty
|
A severe penalty, including fines or imprisonment, faced by landlords who knowingly rent to individuals without the legal right to rent.
|
Section I: Additional Resources
GOV.UK – Right to Rent Document Checks
https://www.gov.uk/check-tenant-right-to-rent-documents
A comprehensive guide from the UK Government explaining how landlords can carry out Right to Rent checks, including a list of acceptable documents.
GOV.UK – Prove Your Right to Rent
https://www.gov.uk/prove-right-to-rent
The official UK government portal where tenants can generate a Right to Rent share code to prove their legal status to rent property in the UK.
Home Office – Right to Rent Code of Practice
https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice
A detailed document outlining the Home Office’s Right to Rent Code of Practice, providing guidance for landlords on how to comply with immigration checks.
Citizen’s Advice – Renting in England
https://www.citizensadvice.org.uk/housing/renting-a-home/
Provides advice for tenants on their rights and responsibilities when renting a home, including information on Right to Rent checks and legal obligations.
National Residential Landlords Association (NRLA) – Right to Rent Guidance
https://www.nrla.org.uk/resources/running-your-business/immigration-act-2016-right-to-rent
Offers guidance for landlords on how to carry out Right to Rent checks, including the legal requirements and potential penalties for non-compliance.
Home Office Landlord Checking Service
https://eforms.homeoffice.gov.uk/outreach/lcs-application.ofml
This service allows landlords to verify a tenant’s right to rent if they are unable to provide sufficient documents or a share code, offering peace of mind for difficult cases.
GOV.UK – List of Acceptable Right to Rent Documents
https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide
A detailed list of acceptable documents that tenants can use to prove their right to rent, for use by both tenants and landlords.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/