Right to Rent guidance is changing: here’s what you need to know

By Sarah Croft | August 26, 2026 | Right to Rent

From October 2026, Right to Rent legislation is changing in the UK, strengthening the position of Right to Rent Digital Verification Service Providers (RtR DVSP) during the process.  

We’re here with a quick blog to take you through the changes, and what you need to do to prepare.  

Key summary 

• Under the Immigration Act 2014, landlords and their agents in UK have a legal responsibility to prevent those without lawful immigration status to privately rent 

• Landlords/agents must comply with the Right to Rent scheme to establish statutory excuse and protect themselves from penalties 

• Any checks completed using facial recognition technology must be carried out using an OfDIA registered Right to Rent Digital Verification Service Provider (DVSP) 

• Manual options are still available – this is not an immediate shift to full digital optimisation  

Identity verification for Right to Rent checks

Under the Immigration Act 2014, landlords and their agents in UK have a legal responsibility to prevent those without lawful immigration status to privately rent. Identity checks help achieve this goal, allowing landlords to verify that an individual is who they say they are, and that they have a right to rent in the UK.  

Identity verification involves checking an individual’s identity documents, such as a passport or eVisa, a process which has historically been completed manually.

However, in recent years, digital routes have become available, working with identity verification providers and leveraging Identity Document Verification Technology (IDVT) to scan key features on documents, and compare a selfie image presented against a live picture of the document’s owner. This process is both faster and more reliable. 

October Right to Rent changes

The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026, presented to parliament on the 30 June 2026, amends the earlier  Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014.  

Under these changes, only Digital Verification Service Providers registered on OfDIA (Office for Digital Identities and Attributes) can provide eligible Right to Rent checks that would allow a landlord or their agent to establish a statutory excuse as part of a digital process.  

Other changes include: 

• Recently expired (up to six months) British and Irish biometric passport/passport cards are now acceptable documents to provide verification – previously only in-date documents could be used digitally 

• More digital versions of documents have been added to the acceptable documents list 

• Updates to the Right to Rent discrimination code, meaning tenants cannot be penalised for not being able to use a digital route 

What is a statutory excuse?

A statutory excuse protects a landlord or their agent from civil penalties if it is revealed that a tenant does not have the legal Right to Rent in the UK.  

A statutory excuse can only be obtained by completing a Right to Work Rent check according to the steps prescribed in the current Government guidance. Even if the documents are later found to be fraudulent, the landlord’s due diligence to check those documents correctly in the first place can protect them from penalties.  

Landlords must always then confirm the identity of the tenant in person and then must retain copies of the agreement and checks no less than one year after the tenancy agreement has ended.  

Penalties for non-compliance

The amount of penalty issued will change depending on whether it is a first-time offence, and the type of tenant.  

• Lodger: Someone who lives in the same house as their landlord 

• Occupier: Someone who occupies the property under the residential tenancy agreement  

What’s not changing?

Whilst new regulations have been introduced to strengthen the eligibility and security of digital checks, it’s important to note that manual checks are still available. Landlords are not being forced to switch to digital checks. 

Additionally, Right to Rent share-codes can still be used for eligible applicants.  This share code check can be made using the Home Office online checking service and supported by a certified RtR DVSP who can also include biometric facial matching technology to confirm that the applicant’s selfie image matches the photograph submitted when the eVisa was issued.

How to prepare for October

If you are interested in performing more digital checks for your tenants, you need to make sure that you: 

• Only use an OfDIA registered Right to Rent DVSP 

• Have the correct systems in place to store and retain tenancy information securely 

• Understand the difference between the routes acceptable for different citizens 

• Don’t mandate a fully digital route, and still allow for manual checks, to avoid discrimination  

• If you use a letting agent, ask them to confirm their digital verification tools comply with the new rules 

Support from TrustID

If you’re concerned about the new changes, we’re here to help. TrustID are an OfDIA registered Right to Rent DVSP, providing thousands of checks each month for landlords and their agents across the UK.  

Our expert team are here to answer any questions you may have. Simply get in touch today to find out more.