A revised Home Office code for Right to Rent checks came into force on 1 October 2026. For London landlords and letting agents, this is an important compliance update—not because the basic duty is new, but because the official process now reflects the move towards digital immigration status, eVisas and online verification.
The updated code applies to residential tenancy agreements beginning on or after 1 October 2026. It also applies when a follow-up check on an existing occupier is required on or after that date.
Right to Rent mistakes can be expensive. The safest approach is to use one consistent written procedure for every adult occupier, complete checks at the correct time and keep evidence that can be produced quickly if requested.
Who must be checked?
Landlords and their agents in England must check every adult who will occupy a rented property as their only or main home. This applies regardless of nationality and includes British and Irish citizens.
The duty is not limited to people named on the tenancy agreement. If an adult will live at the property, the landlord should establish their status before occupation, even where the arrangement is oral or implied.
Children under 18 do not require a Right to Rent check. However, it is sensible to record the names and dates of birth of everyone who will live at the property so that the occupancy file is clear.
What changed on 1 October?
The new code replaces the January 2024 version and aligns the rules with the increasingly digital immigration system. It updates the terminology for digital verification, recognises digital versions of certain acceptable documents and explains the use of eVisas, the Home Office online service and approved Right to Rent Digital Verification Service Providers.
There are three prescribed routes:
- a manual check of acceptable original or authoritatively issued documents;
- a Home Office online check using the occupier’s share code; or
- a qualifying digital identity check through an approved Right to Rent Digital Verification Service Provider, where permitted.
A normal identity or referencing check is not automatically a valid Right to Rent check. To establish the legal “statutory excuse” against a civil penalty, the check must follow the prescribed Home Office procedure.
Timing matters
For someone with an unlimited right to rent, the check can be carried out at any time before the tenancy agreement is entered into.
For a person with a time-limited right, the check must be carried out no earlier than 28 calendar days before the tenancy agreement is entered into. Landlords should therefore pay attention to the signing date, not simply the move-in date.
Where a prospective tenant is overseas, a tenancy may be agreed in principle before arrival. The prescribed check must still be completed before the person takes up occupation. Depending on the person’s immigration status and the checking route, an online check may sometimes be completed by video call.
Do changes during a tenancy trigger new checks?
They can. If a tenancy is varied, assigned or surrendered and replaced in a way that gives one or more new adults the right to occupy, the arrangement may be treated as a new agreement. In that situation, checks should be carried out on all adult occupiers, not only the new arrival.
By contrast, a straightforward renewal between the same parties, with no break in occupation and no new occupier, does not normally require a new initial check. A follow-up will still be necessary where an existing occupier has a time-limited right to rent.
Keep the evidence for the correct period
For manual checks, landlords should retain clear copies in a format that cannot be manually altered and record the date on which the check was made. Evidence of online checks should also be securely stored.
Records must be kept for the duration of the tenancy and for at least one year after it ends. They should then be securely destroyed in line with data-protection obligations.
A compliant initial check can provide a continuous statutory excuse for an occupier with an unlimited right to rent. Where the right is time-limited, the landlord must diarise the follow-up deadline and complete the next check before the statutory excuse expires.
What if the occupier cannot produce evidence?
If a prospective occupier says they have an outstanding Home Office application or cannot demonstrate their status through the usual route, landlords should not simply reject them. The correct next step may be to use the Home Office Landlord Checking Service.
For an existing occupier whose time-limited evidence has expired, the landlord should request updated evidence, use the Checking Service where appropriate and make the required Home Office report if continued status cannot be demonstrated. A late report cannot repair the complete absence of an initial check, which is why the move-in process must be properly documented from the start.
Apply the same process to everyone
The companion discrimination code, also effective from 1 October 2026, reinforces that landlords and agents must treat applicants consistently. Checks should not be based on a person’s name, accent, appearance, nationality or perceived immigration status.
Applicants with a time-limited right to rent must not be treated less favourably, and someone should not be disadvantaged simply because they cannot access a digital service. Using the same written checklist for every adult applicant is both fairer and easier to audit.
The potential penalties
Where a landlord has not established a statutory excuse and an adult occupier is found not to have the right to rent, the civil penalty can be £10,000 per occupier for a first breach and £20,000 per occupier for a repeat breach within three years. Different amounts apply to lodgers.
That makes record-keeping just as important as carrying out the check itself. If evidence cannot be produced, it may be difficult to demonstrate compliance later.
A practical checklist for landlords
- Identify every adult who will live at the property.
- Use the correct manual, online or approved digital-checking route.
- Complete the check within the permitted time window.
- Confirm that the person presenting the evidence matches it.
- Date and securely retain the result.
- Diarise every required follow-up check.
- Use the same procedure for all applicants.
- Record in writing whether the landlord or managing agent accepts responsibility for the checks.
Hampshire Heights supports landlords across London with professional lettings, tenant onboarding and ongoing property management. If you want your portfolio managed with a clear, consistent compliance process, contact our team to discuss how we can help.
Hampshire Heights Ltd
Telephone: 020 3976 8331
Email: info@hheights.co.uk
