Right to Rent checks are a legal requirement for landlords letting residential property in England. Before a tenancy begins, landlords must check that every adult who will occupy the property as their only or main home has the legal right to rent in the UK.
With updated Home Office guidance taking effect on 1 October 2026, it's important for landlords to understand how to complete these checks correctly, which documents and digital verification methods are accepted, and when follow-up checks may be required. With the Renters’ Rights Act introducing significant changes to the private rented sector, understanding these requirements is important.
Getting the process right is about more than checking a tenant's documents. Landlords must also keep accurate records, follow the correct procedures and apply checks consistently to avoid discrimination. Failing to meet the requirements can result in significant civil penalties, so having a clear and reliable process is essential.
In this guide, we explain what landlords need to know about Right to Rent checks in 2026, common mistakes to avoid and how professional property management can help you stay on top of your responsibilities.
What’s changed in the Right to Rent checks in 2026?
The requirement to check every adult who will live in a property as their only or main home remains unchanged. This applies regardless of nationality or whether someone is named on the tenancy agreement. Correct checks completed under the previous guidance remain valid if they are still current.
The main changes concern digital verification. As the UK moves towards a digital immigration system, eVisas are replacing physical immigration documents, with visa sticker permits phased out from 1st July 2026. Since 1st October, any digital verification provider used for Right to Rent checks must be listed on the government’s Digital Verification Services register and specifically authorised to carry them out.
How do landlords carry out a Right to Rent check?
There are three accepted methods for completing the Right to Rent check process, depending on the applicant’s circumstances.
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Manual document checks
Examine original documents from the Home Office’s acceptable document lists, either in person or during a live video call while the applicant holds the originals. Scans and photographs sent in advance are not acceptable substitutes, and copies must be retained. -
Home Office online checks
Applicants with digital immigration status, including all eVisa holders, must provide a Right to Rent share code and their date of birth. The code begins with R and is valid for 90 days. Landlords or agents must access the official Home Office service directly and confirm that the photograph matches the applicant. Screenshots, printouts and images on a phone cannot replace the online check. -
Registered digital verification providers
Providers must be listed on the government register and authorised specifically for Right to Rent. Depending on the service, they may verify eligible digital documents or use facial matching. If facial matching is used, the comparison evidence and provider confirmation must be retained.
There are some important distinctions. eVisas must be checked through the Home Office online service and cannot be verified through third-party providers. British and Irish citizens cannot obtain Right to Rent share codes, so their checks must be completed manually or through an eligible registered provider.
Registered providers may also verify eligible British and Irish passports, and Irish passport cards, for up to six months after expiry where the document’s chip can be read. They may check digital versions of other eligible documents where the issuing authority supports this.
For applicants with a time-limited right to rent, the initial check must take place no earlier than 28 days before the tenancy is entered into.
Avoiding mistakes and discrimination as a landlord
Landlords should check that any tenant referencing company they use meets the updated requirements. A general identity-checking app or unregistered digital provider may not be sufficient. Using a provider that does not meet the rules could leave a landlord without a statutory excuse - the legal defence that can protect against civil penalties if they inadvertently rent to someone without the right to rent.
Checks must be carried out consistently and without discrimination. Landlords cannot insist that applicants use digital checks or provide a particular document when an acceptable alternative is available. If a digital or facial recognition check cannot be completed, another suitable method should be offered.
Applicants must not be treated differently because of their appearance, accent, nationality or time-limited immigration status. A written checklist can help landlords demonstrate that the same process has been followed for everyone.
Unlawful discrimination can result in compensation with no upper limit. Landlords may also be held responsible for discriminatory actions by their agents unless they have taken reasonable steps to prevent them. The Renters’ Rights Act also prohibits blanket refusals of applicants because they have children or receive benefits. For further guidance, read our article on professional support for landlords navigating the Renters’ Rights Act.
What are the penalties for landlords who fail to carry out Right to Rent checks?
Failing to complete the required checks can be costly. Civil penalties apply per disqualified person:
Lodgers: up to £5,000 for a first breach and £10,000 for a repeat breach within three years.
Other occupiers: up to £10,000 for a first breach and £20,000 for a repeat breach.
There can also be criminal consequences. Knowingly renting to someone who is disqualified, or having reasonable cause to believe they are, can result in a maximum sentence of five years’ imprisonment on indictment.
For tenants with time-limited permission to rent, Right to Rent follow-up checks are essential. The statutory excuse lasts until the later of one year after the check or the end of the tenant’s permission to stay. If a follow-up check shows that the tenant no longer has the right to rent, the Home Office must be notified without delay to maintain the statutory excuse.
As tenancies can now continue indefinitely, these checks may need to be repeated over several years. Keeping accurate records and using a reliable reminder system can help landlords avoid missing deadlines.
What if a tenant no longer has the right to rent?
A landlord cannot end a tenancy simply because a tenant’s immigration permission has expired. Ground 7B is a mandatory possession ground that can only be used after the Home Office has served written notice identifying the disqualified occupier. It requires two weeks’ notice.
Landlords or agents who suspect an occupier is disqualified can also request a Notice of Letting to a Disqualified Person. The Home Office controls the process and timing for ending the tenancy under these provisions.
Who is responsible for Right to Rent checks?
Landlords should review their management agreements to clarify who handles initial and follow-up checks.
If a tenant takes in a lodger or sublets the property, the tenant is responsible for checking that occupier unless the landlord agrees in writing to take on that responsibility.
Right to Rent checks are just one part of managing a rental property. Landlords also need to keep up with changing legislation, maintain the correct records and monitor follow-up checks throughout a tenancy. Missing a requirement can lead to significant penalties, making it important to understand what needs to be done and when. These checks form part of the wider legal responsibilities landlords must manage when renting out a property in England.
How can a property management agent help landlords stay compliant?
For landlords managing their own properties, keeping on top of everything can quickly become time-consuming. Professional property management can take much of this pressure away, giving you expert support and more time to focus on your wider priorities and investment goals.
At Northern Group, we understand the responsibilities that come with being a landlord because we're landlords ourselves. As property owners, developers and managers, we understand the challenges of protecting a property, maintaining its value, securing reliable tenants and making sure the investment performs over the long term. We bring that practical, first-hand experience to the service we provide to our landlords.
Our experienced team provides professional lettings and property management services across Manchester and Greater Manchester. With ARLA-accredited expertise and an in-depth understanding of the local property market, we help landlords navigate the practical and regulatory demands of renting out their properties.
Find out more about our property management services for landlords in Manchester.