From 1 October 2026, revised Right to Rent codes of practice apply in England. The underlying responsibility is not new: landlords, or letting agents who have accepted responsibility on their behalf, must already check that every prospective adult occupier has the right to rent a property they will use as their only or main home.
What changes is the framework used to carry out and record those checks. The updated codes reflect the increasing use of digital immigration records and digital identity verification, clarify how landlords and agents can obtain a statutory excuse against a civil penalty, and strengthen guidance on treating prospective tenants consistently.
For landlords across England, this is a useful prompt to review the process being followed on their behalf. It is not a reason to panic or to make assumptions about prospective tenants.
What is changing on 1 October 2026?
The Home Office has issued revised codes for the Right to Rent Scheme and for avoiding unlawful discrimination when completing checks. They apply where an initial check on a prospective occupier, or a repeat check on an existing occupier, is required on or after 1 October 2026.
The revised framework:
- updates the guidance to reflect eVisas, the Home Office online service and digital verification providers;
- permits relevant digital documents where they have been issued by an authoritative source;
- clarifies how landlords and agents should use the Landlord Checking Service when the usual evidence or online process is not available;
- reinforces the need to treat prospective tenants equally, regardless of nationality, immigration status or the way in which they evidence their right to rent; and
- updates the terminology and record-keeping expectations used throughout the checking process.
The central purpose remains the same. A correctly completed check can give the landlord a statutory excuse against liability for a civil penalty if an occupier is later found not to have the right to rent.
Who needs to be checked?
Right to Rent applies in England, rather than throughout the whole of the United Kingdom. A landlord or agent must check every adult who will use the property as their only or main home.
The scheme is not limited to conventional written tenancy agreements. It can also apply to oral or implied letting arrangements, lodgers and subletting where an adult will occupy the accommodation as their only or main home.
That can include an adult who is not named on the tenancy agreement. Checks should therefore be based on who will occupy the property, not simply the names appearing on the contract.
The requirement applies to British and Irish citizens as well as people of other nationalities. The evidence and checking route may differ, but landlords should not decide who to check based on a person’s appearance, accent, name, nationality or presumed immigration status.
What are the three checking routes?
The updated code recognises three prescribed routes.
1. A manual document check
Where permitted, the landlord or agent obtains acceptable original documents, checks that they appear genuine and relate to the prospective occupier, and keeps the required record. The acceptable evidence is set out in the Home Office’s List A and List B.
List A evidence can establish an unlimited right to rent and, when checked correctly, normally creates a continuous statutory excuse. List B evidence relates to a time-limited right to rent and requires a further check at the appropriate time.
2. The Home Office online service
Some prospective tenants will provide a share code so that the landlord or agent can use the official GOV.UK service. Where a person’s immigration status is held as an eVisa, this online service must be used.
The landlord or agent must use the official Home Office result, confirm that it relates to the person presenting themselves for the tenancy and retain evidence of the check. A screenshot from another immigration portal or an image supplied without completing the prescribed process is not a substitute for the official check.
3. A Right to Rent digital verification provider
Digital verification can be used in the circumstances permitted by the code. From 1 October, a landlord who chooses this route must use a provider that is appropriately certified and registered against the relevant digital identity framework and Right to Rent supplementary code if the check is to establish a statutory excuse.
Using a digital provider is optional. It does not remove the manual or Home Office online routes, and it does not remove the landlord’s responsibility to ensure that the correct process has been followed.
What has not changed?
The introduction of the revised codes does not mean that every existing tenant must automatically be checked again on 1 October.
Checks completed correctly under the code in force at the time remain assessed under that version. The new code matters when an initial check or required repeat check falls on or after 1 October.
Landlords and agents must still:
- complete the appropriate check before entering into the tenancy agreement, except in the limited circumstances described below;
- check all prospective adult occupiers consistently;
- keep clear evidence of the date, method and result securely for the required period;
- identify whether the right to rent is continuous or time-limited;
- diary any necessary follow-up check; and
- use the Landlord Checking Service where the circumstances require it.
For a person with a time-limited right to rent, the initial check must generally be completed no earlier than 28 calendar days before the tenancy begins. A follow-up check is then needed before the landlord’s time-limited statutory excuse expires.
There is a limited practical exception where, for example, a prospective occupier is overseas and is arranging accommodation in advance for work or study. If it is not reasonably possible to complete the check before the tenancy is agreed, the landlord may complete it before the occupier takes up occupation instead.
Evidence of a completed check should be retained securely for the duration of the tenancy and for one year after it ends. It should then be securely destroyed.
Why does equal treatment matter?
Right to Rent checks sit alongside the Equality Act 2010. The obligation to check does not give a landlord or letting agent permission to make assumptions about who may be entitled to rent.
The revised discrimination code makes clear that prospective tenants should not be treated less favourably because their right to rent is time-limited, because they use an eVisa or share code, or because a digital service is temporarily unavailable. Landlords should not favour an applicant simply because their evidence is easier or quicker to verify.
A consistent process protects prospective tenants and also helps protect the landlord. The safest approach is to tell all applicants at the appropriate stage that the successful or shortlisted tenant will need to complete the prescribed check.
An applicant should not simply be rejected because they cannot generate a share code, a digital record contains an error or their immigration application or appeal is still outstanding. Where the Home Office Landlord Checking Service is the appropriate route, the landlord or agent should submit a request and wait for its response before entering into the tenancy agreement. The service normally responds within two working days, and a positive response provides a statutory excuse for 12 months from the date specified in the notice.
What should landlords confirm with their letting agent?
A landlord can appoint a letting agent to carry out checks, but the allocation of responsibility should be recorded in writing. The agreement should make clear who will complete the initial check, who will retain the evidence and who will monitor any follow-up date for a person with time-limited status. If the agent accepts responsibility for the checks in writing, liability for any civil penalty transfers to the agent. Without that written agreement, responsibility remains with the landlord.
Before a new tenancy or required repeat check, a landlord may wish to confirm:
- which of the three checking routes the agent uses;
- whether any digital verification provider is currently certified and registered for Right to Rent checks;
- how completed checks and their dates are recorded;
- how follow-up dates are identified and diarised;
- what happens when a tenant cannot access the expected digital evidence; and
- how the agent ensures that all applicants are treated consistently.
If a property is purchased with tenants already in occupation, the incoming landlord should also establish whether the original checks were completed and whether any follow-up is due. Evidence obtained from the previous landlord should be retained where appropriate.
A practical checklist for 1 October onwards
Landlords do not need to redesign their entire letting process overnight. A focused review should be enough:
- Confirm who is responsible for initial and follow-up checks.
- Replace any outdated internal guidance with the version applying from 1 October 2026.
- Check that any digital provider being used has the required certification and registration.
- Ensure that records show the date, route and outcome of every check.
- Review the diary system for time-limited statutory excuses.
- Make sure applicant communications and checks are applied consistently.
- Know when the Home Office Landlord Checking Service should be used.
Where does full management fit?
Letting a property now involves much more than advertising it, selecting a tenant and collecting rent. Right to Rent is one of several compliance processes that must be completed correctly, recorded and revisited when circumstances require it.
Some landlords will be comfortable keeping the guidance under review and maintaining their own records. Others may decide that the time, administration and risk are better placed within a professional full-management service.
Through Wendy Obuli Property’s relationship with iAD, landlords in WOP’s core coverage areas of W2, W9 and NW8, as well as those with property elsewhere in London, can access full letting and management support. This can be particularly helpful for those who want an experienced team to oversee the practical process while keeping them informed of the decisions that still require their attention.
Whether a property is self-managed or professionally managed, the objective should be the same: a consistent, properly documented process that protects the landlord while treating every prospective tenant fairly.
Important note
This article provides general information and does not constitute legal or immigration advice. Right to Rent requirements depend on the circumstances of the tenancy and the prospective occupier. Landlords and agents should use the current Home Office guidance and obtain specialist advice where necessary.
Official guidance
- Code of practice for landlords and their agents: the Right to Rent Scheme, in force from 1 October 2026
- Code of practice for avoiding unlawful discrimination when conducting Right to Rent checks, in force from 1 October 2026
- Landlord’s guide to Right to Rent checks
Information reviewed: 30 September 2026.