Right to Rent Checks Changed on 1 October 2026: What Landlords Must Do Now
The Home Office has changed the Right to Rent checking process in England from 1 October 2026. SmartLandlord explains the new rules for digital verification, eVisas, share codes and landlord record-keeping.
By Jonathan Stephens, Managing Director, SmartLandlord
Published 2 October 2026
The revised Right to Rent Code of Practice is now in force. It applies to relevant checks required from 1 October 2026 and to breaches occurring from that date.
The revised guidance changes how landlords use digital verification, eVisas and third-party screening services, but a general identity check, a referencing report or a screenshot from a prospective occupier does not automatically establish the statutory protection available under the Right to Rent scheme.
Landlords and agents must use the correct prescribed route, retain the evidence and complete follow-up checks where an occupier has a time-limited Right to Rent.
Read the Home Office Right to Rent Code of Practice effective from 1 October 2026
The new Code applies from 1 October
Checks completed correctly before 1 October remain valid. Landlords do not need to repeat them. Every new check and every required follow-up check must now comply with the revised Code.
Right to Rent applies only in England. It covers every adult who will occupy the property as their only or main home, regardless of nationality. This includes British citizens and adults living at the property who are not named on the tenancy agreement.
A correctly completed check, supported by the required records, gives the landlord a statutory excuse against a civil penalty if an occupier is later found not to have the Right to Rent.
Digital checks now require the correct provider
The new Code sets a clear standard for landlords using Digital Verification Service Providers. Where a prescribed digital Right to Rent check is completed through a provider, that provider must be appropriately certified and registered under the government framework.
This is particularly relevant where a landlord uses a letting agent, referencing company or tenant-screening platform. The landlord must establish which provider is completing the prescribed check and whether it meets the current requirements. A business that offers digital identity checks is not automatically the registered provider on which the statutory excuse depends.
eVisas require an official online check
More occupiers now hold digital immigration status. An eVisa holder must provide a Right to Rent share code and date of birth. The landlord or agent must then access the official Home Office service, confirm that the result relates to the prospective occupier and retain the evidence.
A Right to Rent share code begins with R. Codes beginning with W or S are for other Home Office services and cannot be used instead. A screenshot, email or printout supplied by the prospective occupier is not the prescribed check.
Use the official Home Office service to check a tenant’s Right to Rent
The record is part of the check
Landlords must record what was checked and when. If an adult living at the property has a time-limited Right to Rent, diarise the next check before the existing statutory excuse expires.
Keep evidence for the duration of the tenancy and for at least one year after it ends. A landlord may have seen the correct document or online result, but cannot rely on the check if they cannot produce the evidence.
For the wider compliance process, read SmartLandlord’s Property Management Guide for Landlords.
Do not assume the agent has done it
Landlords can instruct a letting agent or employee to complete Right to Rent checks. The responsibility must be set out in writing.
Where an agent accepts responsibility in writing, liability for the check transfers to the agent. Without that agreement, the landlord remains responsible for ensuring the prescribed process is completed and the evidence is retained.
Outdated templates, incomplete records and assumptions about a third-party screening service create avoidable exposure.
Landlord Legal Responsibilities Explained covers how Right to Rent fits within the wider legal framework for landlords in England.
SmartLandlord View
“Right to Rent is a legal check, not part of general tenant referencing. The October changes require landlords and agents to know which checking route they are using, who is responsible for it and where the evidence is held before the tenancy begins.”
Jonathan Stephens, Managing Director, SmartLandlord
The pre-tenancy checklist
Before agreeing the tenancy, landlords and agents should confirm:
- Every adult who will live at the property has been identified.
- The correct route has been selected: manual documents, the Home Office online service or eligible digital verification.
- Any Digital Verification Service Provider used is appropriately certified and registered.
- The correct Right to Rent share code and date of birth have been obtained for an online check.
- The official online result has been checked against the adult who will live at the property.
- Evidence has been retained securely, and any required follow-up date has been diarised.
- The same process has been applied consistently to every adult who will live at the property.
Right to Rent checks must not be discriminatory
The updated Home Office guidance is clear. Landlords must not decide whom to check based on a name, accent, nationality or perceived immigration status. The same process must be applied to every adult who will live at the property.
A time-limited Right to Rent does not justify less favourable treatment. The requirement is to follow the prescribed route, retain the evidence and complete a follow-up check where required.
The SmartLandlord position
Landlords do not need to become immigration specialists. They do need one current, written Right to Rent process that identifies who completes the check, which route is used, where the evidence is stored and when a follow-up is due.
The October changes make it unsafe to rely on an old checklist or assume that an agent, referencing company or digital platform has completed the prescribed check.
SmartLandlord
SmartLandlord supports investors with landlord compliance, property management and long-term asset strategy. Contact SmartLandlord to discuss your property-management requirements or an existing rental portfolio.
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Disclaimer: This content is provided for general information and market commentary only and does not constitute financial, investment or tax advice. Property investment carries risk, and property values and rental income can go down as well as up. Past performance is not a reliable indicator of future results, and any forecasts or projected returns are illustrative only. Investors should conduct their own due diligence and seek independent professional advice before making investment decisions.
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