As of 1 October 1 2026, right to rent checks in England changed. These online checks are evolving, as a part of the Home Office’s push for a fully digital immigration system.
The government has also confirmed an updated code of practice for digital right to rent checks. The code includes new regulations aimed to help avoid discrimination and make the system more robust.
With civil penalties for non-compliance now reaching up to £5,000 for a first offense (and £10,000 for repeat offenses), making sure your checking process is compliant is more important than ever.
How have right to rent checks changed?
Right to rent checks are the system used to make sure potential tenants have the legal right to rent in England. It’s mandatory for landlords to check any tenants over the age of 18.
The government recently announced an updated code of practice that introduces new regulations on digital right to rent checks:
1. Mandatory use of registered Digital Verification Service Providers
Many landlords choose to outsource their rent checks to a third party as a way to reduce admin. The biggest change with the new legislation is you’ll now need to do this through a government-approved Digital Verification Service Provider (DVSP).
Using unregistered photo-matching tools, screening apps, or accepting an emailed screenshot of a passport are not valid ways of checking a tenant’s right to rent. You can’t use any unregistered form of rent checks as a statutory excuse if your tenant is later found to be disqualified from renting.
From now on, landlords should check the government’s official Digital Verification Services Register and confirm their software provider is listed specifically for right to rent.
2. Facial recognition regulation
If your screening process relies on facial recognition technology to match a tenant to their ID document – you’ll need to use tech provided exclusively through a registered right to rent DVSP.
If you can’t verify the applicant’s identity using this tech, you need to provide them with an opportunity to prove their identity another way.
3. Expanded digital document checks
Historically, commercial digital checks were limited to current British and Irish passports. Under the new rules, registered DVSP can now digitally check:
- British and Irish passports (and Irish passport cards) that have expired within the last six months
- authorised digital documents from the code of practice’s A and B list
The shift to eVisas and the Home Office portal
The government is actively replacing physical immigration documents with digital eVisas.
For non-British and Irish citizens who hold eVisas or other digital immigration statuses, the Home Office online share-code service is the required checking route. You can’t use a third-party DVSP to verify an eVisa – your tenant must generate a share-code with the government portal, which you then verify online.
British and Irish citizens can’t obtain a Home Office share-code – their checks must be done either manually or through a registered DVSP.
Discrimination and tenant choice
The Home Office released an updated code of practice about unlawful discrimination. This is particularly relevant with how landlords apply the new digital right to rent checks:
- no forced digital checks – you can’t insist an applicant uses a digital checking method. If a tenant prefers a manual check and has acceptable hard-copy documents, you must use their preferred method
- no blanket ID demands – you can’t demand specific forms of ID. If a tenant can provide an acceptable document that’s listed in the government’s official Right to Rent guidance, you must accept it
- consistent application required – checks must be carried out consistently on all potential tenants, regardless of their nationality, ethnicity, or accent. Making assumptions about immigration status based on personal characteristics is unlawful discrimination
How landlords can adjust their right to rent checks
To help protect your property and avoid civil penalties, here are a few ways you can adjust your right to rent process:
- Audit your providers – if you use a referencing agency or software for right to rent checks, get proof they’re a registered DVSP.
- Update your records system – you must retain a clear copy of the outcome of your check for the duration of the tenancy and one year after it ends, before securely destroying it.
- Monitor expiry dates – if a tenant has a time-limited right to rent, make sure you have a reliable calendar system to prompt a follow-up check before their current permission expires.