Right to Rent Update: What Landlords Need to Know from 1 October 2026
New Right to Rent guidance comes into force in England from 1 October 2026, bringing updated rules and clearer guidance for landlords and letting agents carrying out tenant checks.
For landlords, keeping up with changing legislation is an essential part of managing a rental property correctly. The latest Right to Rent Code of Practice is now in force and landlords and letting agents should make sure their checking procedures reflect the updated guidance.
What is Right to Rent?
The Right to Rent Scheme requires landlords and letting agents in England to check that prospective adult occupiers have the legal right to rent residential accommodation.
The requirement applies to adults who will use the property as their only or main home, including relevant occupiers who may not necessarily be named on the tenancy agreement.
Carrying out the prescribed checks correctly can provide a landlord or agent with a statutory excuse against liability for a civil penalty if it is later discovered that an occupier does not have the required immigration status.
What changes from 1 October 2026?
The new Code of Practice replaces the previous version that had been in force since February 2024.
Among the principal updates are:
- Digital Right to Rent checks
The guidance has been updated to reflect the increasing use of digital identity verification when checking a prospective tenant’s Right to Rent.
Where an approved digital verification service is used, the new Code provides further clarification around the role of registered Right to Rent Digital Verification Service Providers (RtR DVSPs) and the technology that may be used to carry out these checks.
eVisas and the Home Office online service
For individuals who hold an eVisa, landlords must use the Home Office online Right to Rent checking service where required, normally using the individual’s share code.
The online service provides immigration status information directly from Home Office systems.
- Updated acceptable documents
The new Code also updates the prescribed document requirements, including circumstances where digital versions of eligible documents can be accepted and verified.
- Greater clarity around checks
The updated guidance provides further clarification on when initial and follow-up checks need to be undertaken in order to establish or retain a statutory excuse.
The Code applies where an initial Right to Rent check or required repeat check is carried out on or after 1 October 2026.
Landlords must apply checks fairly
Alongside the updated Right to Rent Code, revised guidance aimed at preventing unlawful discrimination also comes into force from 1 October 2026.
Landlords and agents should conduct checks consistently across prospective tenants and should not make assumptions about someone's Right to Rent based on nationality, race, appearance or perceived immigration status.
The government guidance specifically states that prospective tenants should not be treated less favourably because they have a time-limited Right to Rent or because of the particular method they use to demonstrate their status.
Right to Rent checks should therefore form part of a consistent tenant referencing and compliance process.
What should landlords do now?
Landlords should review their current procedures and make sure that anyone responsible for tenant referencing understands the updated requirements.
In particular, landlords should ensure that:
Right to Rent checks are completed before occupation where required.
The correct method of checking is used for each applicant.
Home Office online checks are used where appropriate.
Any digital verification provider used meets the required registration standards.
Records of checks are retained correctly.
Follow-up checks are carried out where a tenant has a time-limited Right to Rent.
The same fair and consistent process is applied to all prospective adult occupiers.
Where a letting agent has formally accepted responsibility in writing for conducting Right to Rent checks, responsibility for compliance and potential civil penalties may transfer to the agent in accordance with the relevant arrangements.
Why does this matter?
Compliance is about much more than completing paperwork.
A properly managed Right to Rent process can help landlords:
✓ Stay compliant with current legislation
✓ Reduce the risk of avoidable penalties
✓ Prevent delays when starting a tenancy
✓ Maintain accurate tenancy records
✓ Ensure prospective tenants are treated consistently and fairly
With increasing use of digital immigration status and online verification, having a clear and up-to-date process is becoming increasingly important.
Let Victor Michael take care of the details
Property legislation and compliance requirements continue to evolve, and managing everything correctly can take considerable time.
At Victor Michael, our aim is to make property ownership and letting as straightforward as possible.
From marketing and tenant referencing through to ongoing property management and compliance support, our experienced team can assist landlords throughout the letting process.
If you are a landlord and would like to discuss your property, your current tenancy arrangements or our property management services, speak to the Victor Michael team today.
Victor Michael - The Property Information People
📞 0208 519 2000
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This article is intended as general information for landlords and property owners and should not be treated as legal advice. Where necessary, landlords should refer to the latest Home Office guidance or obtain appropriate professional advice.