Landlords in England need to be aware of updated Right to Rent guidance taking effect from 1 October 2026.
The Right to Rent scheme requires landlords and letting agents to check that prospective adult tenants have the legal right to occupy privately rented residential property in England. Getting the procedure right is important because landlords can face penalties where accommodation is let to someone who does not have a Right to Rent.
Digital checks are increasingly important
The updated Home Office guidance reflects the continuing move towards digital evidence of immigration status.
Depending upon the prospective tenant’s circumstances, a Right to Rent check may involve the Home Office online service, an eVisa, an approved identity service provider or, in some circumstances, checking acceptable original documents.
Landlords should not assume that the same method will be appropriate for every prospective tenant.
Avoiding discrimination
The updated guidance also emphasises that landlords and letting agents must conduct Right to Rent checks fairly.
A prospective tenant should not be treated less favourably because of the way in which they are able to demonstrate their Right to Rent. Similarly, someone with a time-limited immigration status should not automatically be regarded less favourably simply because a further check may eventually be necessary.
This is important when establishing procedures for selecting tenants. Right to Rent checks should form part of a consistent process applied to all prospective adult occupiers.
Keep evidence of the checks
Correctly undertaking the prescribed checks can provide a landlord with a statutory excuse against a civil penalty if it subsequently emerges that a tenant did not have the necessary Right to Rent.
Landlords should therefore retain the required evidence of checks and make a note of any date on which a follow-up check will be required.
Where a letting agent carries out checks, landlords should make sure there is a clear written agreement establishing responsibility for compliance.
Review procedures before 1 October
Landlords managing their own properties should review their tenant onboarding procedures before the new guidance takes effect.
Those using letting agents may also want to confirm that their agent is ready for the changes and understands who is responsible for carrying out and recording the checks.
The Right to Rent scheme applies to residential property in England. Different arrangements apply elsewhere in the UK.
Landlords already face a growing range of tax and regulatory responsibilities. If you are uncertain about your property business’s tax, accounting or record-keeping obligations, please speak to us.
