Right to Rent Digital Checks — What Changes 1 October 2026

While most of the sector has been focused on the Renters’ Rights Act, a quieter change is coming on 1 October. It is narrower than some coverage suggests — but if you use an app or service to verify tenant identity, it matters.

What actually changes

The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026 introduce one central requirement:

If you use a third-party digital provider, it must be a registered Right to Rent Digital Verification Service Provider (RtR DVSP).

An updated Right to Rent Code of Practice takes effect the same day, alongside a revised Code of Practice on Avoiding Unlawful Discrimination.

There is also a widening: a broader set of documents and digital credentials can be verified, which is intended to help British and Irish nationals who previously struggled to prove identity digitally.

You do not have to go digital

This is the point most commonly misread. Headlines describing the rules as “moving fully digital” overstate it.

Three routes remain available:

• Manual document check — original documents, checked in the person’s presence, copied and dated. Still valid where permitted.
• Home Office online checking service — using the tenant’s share code. Required for most non-UK nationals with digital immigration status.
• Digital identity verification — optional, but from 1 October must go through a registered provider.

If you have always checked passports across the kitchen table, you can carry on doing so.

The trap: an unregistered provider gives you no protection

Here is why this matters more than its low profile suggests.

A correctly performed check gives you a statutory excuse — your defence against a civil penalty if a tenant turns out to have no right to rent. From 1 October, a digital check carried out through a provider that is not registered may not give you that excuse.

So a landlord who pays for identity verification, believing they are being thorough, could end up less protected than one who simply photocopied a passport. Using the wrong tool is worse than using no tool.

Check GOV.UK’s list of registered providers before your next check, and ask any existing supplier to confirm in writing that they are registered as an RtR DVSP.

What has already changed that people still miss

Two earlier changes continue to cause problems:

• Biometric Residence Permits and Cards are no longer acceptable documents. Holders now use an eVisa and generate a share code through their UKVI account.
• Photocopies never established a statutory excuse. Manual checks must be of original documents, in the person’s presence.

Share codes for Right to Rent begin with “R” and are valid for 90 days. You will also need the tenant’s date of birth to complete the online check.

The discrimination code is the underrated part

The updated Code of Practice on Avoiding Unlawful Discrimination lands the same day, and it deserves attention.

Right to Rent has always carried discrimination risk, because a landlord anxious about penalties may unconsciously favour applicants who look like straightforward cases. The protection is consistency:

• Check every adult occupier, not only those you assume might need one
• Use the same method and standard for every applicant
• Never ask for documents at the enquiry stage as a filter
• Do not treat a share code as inferior to a passport — both establish the excuse

Deciding who to check based on name or accent is discrimination, and it is exactly what an inconsistent process produces.

Records and penalties

Whichever route you use, keep evidence — the Home Office can request it during an inspection.

• A legible copy of every document checked, both sides where applicable
• The date the check was carried out
• The reference number for an online check, or the provider’s report for a digital one
• Retain for the duration of the tenancy and at least 12 months after it ends

Civil penalties are substantial and apply per occupier, with criminal liability in the most serious cases. The applicable amount is determined by the code in force at the date of the breach, so check current figures on GOV.UK rather than relying on a number quoted in an article.

What to do before 1 October

1. If you use a digital provider, confirm in writing that they will be a registered RtR DVSP from 1 October.
2. If you use an agent, ask which method they use and get written confirmation checks are being done properly. The duty stays with you.
3. Read the updated codes when published on GOV.UK.
4. Audit your records — can you produce evidence for every current tenancy?
5. Write your process down and apply it identically to every applicant.

Frequently asked questions

Do I have to use digital checks from 1 October?

No. Digital verification remains optional. Manual document checks and the Home Office online service both continue to give you a statutory excuse.

Does this affect tenancies already running?

The updated requirements apply where an initial or repeat check is needed on or after 1 October 2026. Existing tenancies with a valid completed check are not disturbed.

What happens if I use an unregistered provider?

You risk not obtaining a statutory excuse, which is the protection that matters. Confirm registration before you rely on any service.

Does Right to Rent apply outside England?

No. The scheme operates in England only.

Do I check lodgers and guests?

You must check every adult who will occupy the property as their only or main home, including lodgers. A genuine short-stay visitor is different — see our guide on how long a guest can stay.

My agent handles this — am I covered?

Only if responsibility has been transferred in writing. Otherwise the duty remains yours. Get written confirmation of what they do and keep copies of the evidence.

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