What's changing on 1 October 2026
The government has issued a new code of practice for the Right to Rent scheme, effective 1 October 2026. Right to Rent is the duty under the Immigration Act 2014 for landlords in England to check that every adult occupier has the legal right to rent before a tenancy begins. That duty is not changing. What is changing is how the digital identity-verification route is regulated.
From 1 October 2026, a landlord (or agent) who chooses to verify a tenant's identity through a digital identity provider must use a Right to Rent Digital Verification Service Provider (RtR DVSP) that is registered on the government's Office for Digital Identities and Attributes (OFDIA) register, with a note confirming it can carry out right to rent checks. This is a requirement of the Data Use and Access Act 2025. Face-matching technology is permitted, but only through such a registered provider.
The three ways to check — all still valid
There are three valid ways to carry out a Right to Rent check. The October 2026 change only affects the third one:
| Route | When to use it | Changing in Oct 2026? |
|---|---|---|
| Manual document check | British and Irish citizens and others with acceptable original documents — checked in person or by the permitted real-time video call | No |
| Home Office online service | Anyone with digital status — eVisa holders, EU Settlement Scheme, former BRP holders — using their share code | No |
| Digital identity verification | Optional route using a certified identity provider | Yes — must use a registered RtR DVSP |
What a registered digital provider (RtR DVSP) means for you
A DVSP is a private company that verifies a person's identity documents digitally on your behalf. Until now the market was lightly regulated; from 1 October 2026 you can only rely on one for Right to Rent if it is on the OFDIA register with the right to rent note. If you use a provider that is not registered, you do not get the statutory excuse — meaning you are not protected if the check later turns out to be wrong.
Before 1 October, confirm that your provider (or your agent's) will be listed on the OFDIA register with a right to rent note. Ask them directly, and keep their written confirmation. If they will not be registered, switch, or fall back to a manual check or the Home Office online service — both remain fully valid.
eVisas and share codes
Physical immigration documents continue to be phased out in favour of eVisas. Anyone with digital-only immigration status must be checked through the Home Office online right to rent service using a share code that they generate. You enter the code with their date of birth to see their status. The share code is valid for 90 days, and the online check gives you a statutory excuse. Do not accept a screenshot of someone's status in place of running the share code yourself.
What is NOT changing (don't be misled)
There is a lot of noise around this date, so it is worth being clear about what stays the same:
- The core duty — you must still check every adult occupier before the tenancy begins.
- Manual checks of original documents remain valid.
- The Home Office online service remains valid and is still mandatory for digital-status tenants.
- The penalties — these were tripled in January 2024 and are not changing in October 2026 (see below).
- Record-keeping — keep evidence of every check for the tenancy and at least 12 months after it ends.
The penalties (unchanged since January 2024)
Some coverage implies penalties rise in October 2026. They do not. Right to Rent civil penalties were tripled on 22 January 2024 and remain at those levels. The maximum civil penalty depends on whether you are renting a room in your own home (a "lodger") or letting a property (an "occupier"), and whether it is a first or repeat breach in a rolling three-year period:
| Breach (rolling 3 years) | Lodger | Occupier |
|---|---|---|
| First breach | £5,000 | £10,000 |
| Repeat breach | £10,000 | £20,000 |
These are maximums per person let to, set under the Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023. Separately, knowingly letting to someone disqualified by their immigration status — or having reasonable cause to believe you are — is a criminal offence carrying an unlimited fine and up to five years' imprisonment.
What landlords should do before 1 October
- Decide your route. Most small landlords use manual checks or the Home Office online service and need do nothing new.
- If you use a digital provider, confirm it will be on the OFDIA register with a right to rent note — and keep that confirmation.
- If you use an agent, ask in writing how they carry out Right to Rent checks and, if they verify digitally, which registered provider they use.
- Tighten your records. For every check, keep what was checked, the date, who did it, and the evidence (document copies, the online-check PDF, or the provider's output).
- Diarise follow-up checks for any tenant with time-limited status, before their permission expires.
Frequently asked questions
Is this the "Right to Rent Act"?
No — and it's worth clearing up. Right to Rent is a scheme under the Immigration Act 2014. It is often confused with the Renters' Rights Act 2025, which is the separate tenancy-reform law that abolished Section 21. The 1 October 2026 change is to the Right to Rent (immigration) scheme.
Do I have to use a digital identity provider now?
No. Digital verification is optional — one of three valid routes. You only need a registered RtR DVSP if you choose that route. Manual checks and the Home Office online service remain valid.
Do the penalties go up in October 2026?
No. They were tripled in January 2024 (£5,000/£10,000 for lodgers, £10,000/£20,000 for occupiers) and are unchanged by the 2026 code of practice.
Where is the official guidance?
The Right to Rent code of practice and the Landlord's Guide are published on gov.uk, and the register of digital providers is the Office for Digital Identities and Attributes (OFDIA) register. Always confirm current details there before you rely on a provider.
Stay ahead of the 2026 changes
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