Selective Licensing Is Live in Luton – But Have You Completed Your Right to Rent Checks?

Luton landlords are currently focused on the introduction of Selective Licensing and Additional HMO Licensing. That attention is understandable: the schemes are live, the paperwork can be extensive, and the early-bird deadline is approaching.

However, obtaining the correct property licence does not remove a landlord’s other legal responsibilities.

One of the most important—and often one of the quickest—is checking every adult occupier’s Right to Rent in England.

Where a prospective tenant has an evisa or eligible immigration status, they can normally generate a Right to Rent share code online in a matter of minutes. The landlord or letting agent must then use that code on the official GOV.UK service, check the result against the individual and retain the evidence correctly.

It is a relatively straightforward process when completed promptly. When ignored, delayed or recorded incorrectly, it can expose a landlord or agent to serious penalties.

What is changing in Luton?

Luton Borough Council’s Selective Licensing scheme went live on 1 June 2026 and applies to qualifying privately rented properties within the designated Town Centre and Park Town areas.

Selective Licensing generally covers properties rented to:

• One family or household;

• A couple; or

• No more than two unrelated people.

Luton has also introduced borough-wide Additional HMO Licensing for qualifying smaller HMOs occupied by three or four people forming more than one household.

Properties occupied by five or more people forming two or more households will generally require a Mandatory HMO Licence.

The council’s early-bird licence fee is £150 per qualifying application submitted by 31 August 2026. The full council fee will apply from 1 September 2026. Landlords should check the current Luton Borough Council licensing information before applying.

Does a property licence prove that Right to Rent checks were completed?

No.

Property licensing and Right to Rent are separate legal requirements.

A Selective, Additional HMO or Mandatory HMO Licence relates primarily to the property, its management and the suitability of the proposed licence holder and manager.

A Right to Rent check relates to each adult who will occupy the property as their only or main home.

Submitting a licence application does not retrospectively create evidence that Right to Rent checks were completed correctly. Equally, having valid Right to Rent records does not remove the requirement to obtain a property licence where one is required.

A compliant landlord needs to deal with both.

Who must receive a Right to Rent check?

Before the start of a new tenancy, landlords and their appointed agents must check every adult aged 18 or over who will use the property as their only or main home.

This includes adults who:

• Are not named on the tenancy agreement;

• Are not responsible for paying the rent;

• Have an oral rather than written agreement; or

• Are joining other family members at the property.

Checks should be applied consistently. A landlord must not make assumptions based on somebody’s name, appearance, accent or nationality.

British and Irish citizens also need to prove their Right to Rent, but they cannot obtain a share code. They will normally use acceptable documents, such as a British or Irish passport, or an approved digital identity-checking service where available.

Eligible non-British and non-Irish citizens may be able to use a Home Office share code or acceptable original immigration documents. A landlord cannot insist on a share code where the person is legally entitled to use acceptable original documents instead.

Why are Right to Rent share codes important?

The share code allows a landlord or letting agent to access the prospective tenant’s Right to Rent information directly from Home Office records.

It can show:

• The person’s photograph;

• Whether they have the Right to Rent;

• Whether that right is unlimited or time-limited;

• The date on which their permission expires; and

• Whether a follow-up check will be required.

The landlord must use the official service personally. Receiving a screenshot from the tenant is not the same as completing the prescribed online check.

The landlord should use the result to confirm that the photograph and personal details relate to the person who will occupy the property. This identity check can be completed with the person physically present or through a live video call where appropriate.

A correctly completed and retained check can give the landlord a “statutory excuse”. This is the landlord’s defence against liability for a civil penalty if it is later discovered that the person did not have the Right to Rent.

What could happen if the check is missed?

The Home Office states that a landlord who rents to someone without the Right to Rent and has not completed the required checks can face a civil penalty of up to £20,000 for each occupier in a repeat breach.

The current penalty framework provides for:

• Up to £10,000 per occupier for a first breach; and

• Up to £20,000 per occupier for a repeat breach within three years.

More serious cases can carry additional consequences, including criminal prosecution.

The harsh reality is that saying “the tenant told me they had permission” is not evidence. A copy of an old biometric card, an email from the tenant or a screenshot of their immigration account may also be insufficient.

The prescribed check must be completed and recorded properly.

Step-by-step: how a tenant obtains a Right to Rent share code

Step 1: Visit the official GOV.UK service

The tenant should visit:

Prove your Right to Rent in England

They should avoid unofficial websites or services that attempt to charge for generating a share code.

Step 2: Select the Right to Rent option

Share codes can be generated for different purposes, including employment and renting.

The tenant must select the option confirming that the code is required to prove their Right to Rent.

A code generated for a different purpose should not be used for a Right to Rent check. A Right to Rent share code will normally begin with the letter “R”.

Step 3: Sign into the online service

The tenant will normally need:

• Their date of birth; and

• Details from their passport, national identity card, biometric residence permit or UKVI account.

People with an eVisa will access the service through their UK Visas and Immigration account.

Step 4: Generate the share code

The service will produce a nine-character share code.

The code is valid for 90 days and can be used more than once during that period.

Step 5: Send the correct information to the landlord or agent

The tenant should provide:

• The share code; and

• Their date of birth.

The share code can be sent directly to the landlord or letting agent by email or message.

In a straightforward case, this entire process can take only a few minutes. Completing it promptly prevents unnecessary delays to referencing, the tenancy agreement and the proposed move-in date.

Step-by-step: what the landlord or agent must do

Receiving the code is only the beginning. The landlord must complete the actual check.

Step 1: Use the official landlord checking service

Visit:

Check a tenant’s Right to Rent using their share code

Do not rely solely on a screenshot or profile page supplied by the tenant.

Step 2: Enter the tenant’s details

Enter:

• The tenant’s nine-character share code; and

• Their date of birth.

If the code is invalid, expired or was generated for another purpose, ask the tenant to generate a new Right to Rent code.

Step 3: Read the Home Office result carefully

Confirm that the page states the person is permitted to rent in England.

Check whether their Right to Rent is:

• Unlimited; or

• Time-limited.

If it is time-limited, record the expiry or follow-up date immediately.

Step 4: Confirm the person’s identity

Check that the photograph and personal details shown on the Home Office page match the person intending to occupy the property.

The check should be completed with the person present, either physically or through a live video call where permitted.

Do not proceed if it is reasonably apparent that the person does not match the photograph or information shown.

Step 5: Save evidence of the check

Save the Home Office profile page as a PDF or print a clear copy.

The record should show:

• The person’s details;

• Their photograph;

• The Right to Rent outcome;

• Any expiry or follow-up date; and

• The date on which the check was completed.

Simply writing down the share code is not enough.

Step 6: Retain the evidence securely

The check must be kept securely for the duration of the tenancy and for at least one year after it ends.

Landlords and agents must also comply with data-protection requirements because these records contain personal information.

Step 7: Schedule follow-up checks

If the tenant has a time-limited Right to Rent, add the required follow-up date to the property’s compliance calendar.

Do not leave the reminder in somebody’s inbox or rely on memory.

A follow-up check should be completed before the existing time-limited statutory excuse expires. If the tenant cannot provide new evidence, the landlord may need to use the Home Office Landlord Checking Service.

What if the tenant cannot produce a valid share code?

Do not immediately assume that the person has no Right to Rent.

There are circumstances where the Home Office may hold the person’s documents or where an immigration application, appeal or administrative review remains outstanding.

The landlord may need to use the Home Office Landlord Checking Service. The tenant will normally need to provide a Home Office application, appeal or case-reference number.

The service usually responds within two working days.

If the Home Office provides a Positive Right to Rent Notice, retain it as evidence and follow any instructions concerning further checks.

However, if the tenant cannot provide acceptable documents or a valid share code and the Home Office confirms that they are not permitted to rent, the tenancy must not proceed.

When should the check be completed?

For someone with an unlimited Right to Rent, the check can generally be completed at any point before the residential agreement is entered into.

For someone with a time-limited Right to Rent, the prescribed check should generally be completed and recorded no earlier than 28 calendar days before the tenancy start date.

The crucial point is that the initial check must be completed before occupation. A landlord who failed to complete the required initial check cannot normally repair that failure later simply by carrying out a retrospective check.

The most common Right to Rent mistakes

We regularly see landlords create unnecessary risk by:

• Checking only the person named as the lead tenant;

• Failing to check other adults living at the property;

• Accepting a tenant’s screenshot instead of accessing the official service;

• Using a share code generated for employment rather than renting;

• Failing to compare the Home Office photograph with the occupier;

• Forgetting to record the date of the check;

• Keeping the share code but not saving the result page;

• Missing a follow-up check for time-limited status;

• Accepting an expired code without requesting a replacement; or

• Assuming an agent completed the check without confirming responsibility in writing.

These are avoidable mistakes.

Licensing is not just an application—it is an ongoing system

Luton landlords should not treat Selective or HMO Licensing as a single form that can be submitted and forgotten.

Licensing conditions can require proper tenancy management, property inspections, safety documentation, tenant information and reliable record keeping throughout the life of the licence.

Right to Rent checks form part of the wider compliance file that every landlord should be able to produce when required.

That file should include, where applicable:

• The tenancy agreement;

• Right to Rent evidence for every adult occupier;

• Deposit-protection records;

• Gas Safety Certificate;

• EICR;

• EPC;

• Inspection records;

• Tenant references;

• Smoke and carbon-monoxide alarm records;

• Licensing documents; and

• Evidence of follow-up actions.

Final message for Luton landlords

If your property requires a Selective, Additional HMO or Mandatory HMO Licence, deal with the application before the relevant deadline.

At the same time, audit every tenancy file.

Make sure every adult occupier has been checked correctly, the evidence has been retained, and any time-limited status has a follow-up reminder.

Generating and checking a share code can take only a few minutes in a straightforward case. Dealing with a missing check after a problem arises can take considerably longer—and cost considerably more.

My Estate Luton Limited assists landlords with property licensing, tenancy compliance, Right to Rent procedures, inspections and ongoing property management.

If you are unsure whether your Luton property requires a licence or whether your tenancy records are complete, contact My Estate before the problem becomes an enforcement matter.

This article provides general information and does not constitute legal or immigration advice. Requirements can change, and landlords should check the latest Luton Borough Council and Home Office guidance or obtain specialist advice where necessary.

Author: Richard Gedall MNAEA | AARLA
Director, My Estate Luton Limited