Our expert team of property disputes lawyers have put together this short article to explain what these changes mean in practice for landlords.

What is the “Right to Rent” scheme?

The “Right to Rent” scheme for private rented residential accommodation in England was introduced under the Immigration Act 2014. It is intended to prevent adults who are disqualified by immigration status from accessing private rented residential accommodation in England. Private landlords are therefore prohibited from renting their properties to individuals who do not have a right to rent in England and are therefore disqualified by their immigration status.

Landlords and managing agents are required, before a tenancy is entered into and before occupation begins, to check the immigration status of all prospective adult occupiers whose only or main home will be the property, to ensure that they have a right to rent in England. Failure to carry out the Right to Rent checks in accordance with the scheme could leave a landlord or agent liable for a financial penalty or, in some circumstances, criminal prosecution.

Use of Digital Verification Service Providers (DVSP)

Under the Regulations, from 01 October 2026, landlords and agents may use a government-registered DVSP where the occupier and identity document are eligible, including eligible current British and Irish passports where applicable. Where a landlord or agent chooses to use the prescribed digital verification route, a registered Right to Rent DVSP must be used if the landlord wishes to establish a statutory excuse against liability for a civil penalty.

Using an unregistered provider does not in itself trigger a civil penalty. However, where a landlord relies on the digital verification route for Right to Rent checks, use of an unregistered provider is unlikely to establish the statutory excuse against a civil penalty if a tenant is found not to have a right to rent in England.

Landlords and agents should use a three-route framework for Right to Rent checks: 

(a) prescribed manual document checks

(b) the Home Office online Right to Rent service

(c) a check through a government-registered DVSP where the identity document is eligible for that route. 

Manual checks remain available and should be used where the online service or DVSP route is not available, or the relevant conditions are not met.

Three routes to complete Right to Rent checks

Route (b) is especially important where status must be checked online, including eVisa holders, who can show their Right to Rent only through the Home Office online service. The updated Code indicates that where acceptable documents are presented in digital form outside the Home Office online checking service, landlords should take reasonable steps to satisfy themselves that the document was issued by or on behalf of the relevant issuer and is genuine.

The following Codes of Practice have been updated:

• Home Office Code of practice for landlords and their agents: the Right to Rent scheme for landlords and their agents, and 
• Home Office Code of practice for landlords: avoiding unlawful discrimination when conducting ‘Right to Rent’ checks in the private rented residential sector.

The amendments show a clear move towards digital immigration status records and, for certain categories, a required online checking route. An eVisa is digital proof of a person’s immigration status. Where an individual holds an eVisa, their Right to Rent must be checked using the Home Office’s online Right to Rent checking service. The same online route should also be used in other cases where status must be verified against Home Office records, rather than by inspecting physical documents alone.

Many individuals already demonstrate their immigration status by electronic means, while others may still establish their Right to Rent using physical documents where the manual route remains available. Where a digital check is carried out, it must follow a prescribed route under the updated framework and the landlord must keep the prescribed evidence of that check to maintain a statutory excuse. Scans, photographs and emailed copies of documents should not be treated as a substitute for a prescribed Right to Rent checking route. 

Avoiding unlawful discrimination

The updated Code of Practice requires landlords and agents to apply Right to Rent checks consistently to all prospective adult occupiers. Checks must never be selected or varied because of race, nationality, appearance, accent or perceived immigration status. A landlord or agent must not insist on a British passport, an Irish passport, a particular document type or a particular digital service where another prescribed route is available.

The amended code therefore links compliance with the Right to Rent scheme to compliance with obligations under the Equality Act 2010. In practice, landlords and agents should follow the same process for every prospective adult occupier and accept any prescribed route that establishes the right to rent.

Next steps for landlords and agents

Landlords and agents should review and update their Right to Rent check process now. In practice, checks should be completed before the tenancy is entered into and before any occupier moves in. Landlords and agents should keep copies of the prescribed evidence and a clear written record of the exact date each check was carried out.

For occupiers with time-limited permission to remain, landlords and agents should diarise and complete follow-up checks in accordance with the timing requirements set out in the Right to Rent scheme so the statutory excuse is maintained and exposure to a civil penalty is reduced. A simple checklist and reminder system can help apply these steps consistently in day-to-day letting practice.

These changes do not abolish manual Right to Rent checks. Landlords may continue to rely on the prescribed manual document route where it remains available and appropriate.

Based across our offices in Devon, the property disputes team here at Kitson Boyce is on hand should you require any legal advice regarding new or existing tenancies in light of these changes. In the first instance, please get in touch with Fiona Hannaford by emailing [email protected] or calling 01803 206209.