Right to Rent Checks from 1 October 2026: The New Home Office Guide Explained

Every landlord in England must check that adult occupiers have the right to rent before a tenancy starts. The Home Office published a new landlord's guide to Right to Rent checks on 1 October 2026, alongside an updated code of practice. Much of it is familiar, but some changes matter, especially for tenants who now hold an eVisa instead of a physical document.

This guide covers who to check, when, the three ways to do it, the records to keep, and the penalties.

Who you must check

Right to Rent applies in England only. It does not apply in Scotland or Wales.

You must check every adult who will live in the property as their only or main home, whether or not they are named on the tenancy agreement. That includes British and Irish citizens. Check everyone the same way. Checking only people you think "look foreign" is unlawful discrimination, and the Home Office publishes a separate code of practice on avoiding it.

When to check

• People with an unlimited right to rent (for example British and Irish citizens, and people with settled status): any time before you enter into the tenancy agreement.
• People with a time-limited right to rent: no earlier than 28 days before the tenancy agreement is entered into.

The three ways to check

The guide sets out three methods. Each one, done properly, gives you a "statutory excuse", which is your defence if the person later turns out not to have the right to rent.

1. A manual check of original documents. The person shows you original documents from the Home Office's List A or List B. You check they are genuine and that they belong to the person, either face to face or on a live video call. Photocopies and scans sent by email are not enough.

2. The Home Office online service. The person gives you a share code (for right to rent it begins with "R") and their date of birth. You check their status online and see their photo. If someone holds only an eVisa, this is the method you must use.

3. A registered digital verification provider. You can pay an identity service provider to check documents digitally. The new guide makes it mandatory that the provider is a registered right to rent digital verification service provider on the government's register run by the Office for Digital Identities and Attributes (OfDIA). Check the register before you sign up. Using a provider does not pass the legal responsibility to them. You still need to be satisfied the check was done correctly.

Biometric residence permits no longer work

The Home Office stopped issuing biometric residence permits (BRPs) on 31 October 2024, and the guide says BRPs are not acceptable for a right to rent check. If a tenant offers you one, ask them for a share code instead and use the online service. The guide also reflects the Home Office's move away from visa stickers (vignettes) in passports from 1 July 2026, so expect more tenants to hold an eVisa and give you a share code.

The records you must keep

For every check, keep:

• a clear copy of each document or the online check result, kept in a form that cannot later be changed
• the date the check was done

Keep these for the whole tenancy and for at least one year after it ends, then destroy them securely. Without the record you have no statutory excuse, even if you did the check.

Follow-up checks

If someone has a time-limited right to rent, you must check them again before your statutory excuse runs out. The guide says the excuse lasts until whichever is later: 12 months from your check, or the end of the person's permission to be in the UK (or the expiry of their document). Put the follow-up date in your diary on the day you do the first check.

The penalties

The civil penalties are set out in the Home Office code of practice:

A penalty can be reduced if you pay quickly under the faster payment option. The real protection is a properly recorded check.

A simple routine

1. Check every adult who will live there, the same way, before the agreement is signed.
2. Use the share code service for anyone with an eVisa. Never accept a BRP.
3. If you use a digital provider, confirm it is on the OfDIA register.
4. Record the method, the date, who did it and the result, and keep a copy that cannot be changed.
5. Diary a follow-up check for anyone with a time-limited right.

DocuTenant's Right to Rent check record asks for the method you used, the documents seen, the date and any follow-up date, and lays them out as a dated record for your tenancy file. It sits alongside the other start-of-tenancy paperwork in our guide to the documents every landlord needs for a new tenancy, including the tenant application form and the tenancy agreement.

This article is general guidance on the law as at 3 October 2026. It is not legal advice. For a specific case, check the Home Office guide or speak to a solicitor.