Significant changes to Right to Rent identity checks came into force on 1 October 2026, updating how landlords and agents in England must verify that all adult occupiers have the legal right to live in the UK. Propertymark has issued clear guidance on what this means in practice - with new standards for digital checks, stricter rules on service providers, and reinforced anti‑discrimination duties. Here's everything you need to know.
By Inventory Bee | Leading Property Compliance Experts London
📋 What Is Right to Rent?
Introduced under the Immigration Act 2014, the scheme applies only in England - Scotland, Wales and Northern Ireland are not affected. You must check every adult aged 18 or over who will occupy the property as their main home, whether named on the tenancy agreement or not.
Carry out the check correctly before the tenancy starts, keep the required records, and you gain a statutory excuse - your legal defence against a civil penalty if it later emerges someone had no right to rent.
🔄 What Changed - 1 October 2026
- Registered Digital Providers Mandatory: If you use a digital verification service (DVSP) instead of manual checks or the Home Office online service, that provider must be registered with the Office for Digital Identities and Attributes (OfDIA) and listed on the official register. Unregistered providers no longer give you a valid statutory excuse.
- Facial Recognition Rules Clarified: If facial recognition is used, it must be through a registered RtR DVSP under the government‑approved framework - you cannot use unvetted third‑party tools.
- No Forced Method - But No Discrimination: You must not insist on a specific form of ID or check method. If a tenant can prove their right to rent through an alternative prescribed route, you must accept it. Equally, you must not treat those with time‑limited permission less favourably.
- eVisas & Online Checks: For anyone holding an eVisa, the Home Office online checking service via share code is now the prescribed method - manual checks on vignettes are being phased out.
- Updated Document Lists: Guidance now explicitly covers digital versions of certain documents and removes references to routes that have closed, such as Swiss service providers and standalone Ukrainian schemes.
✅ Three Valid Ways To Check
- Manual Document Check: Examine original physical documents (List A = indefinite right to rent; List B = time‑limited). List B checks must be completed within 28 days before the tenancy start date. Copy and retain every page.
- Home Office Online Check: Use the tenant’s share code to verify status directly via gov.uk. This is mandatory for biometric residence card holders, EUSS status holders, and eVisa holders. Save the confirmation PDF - keep it for the tenancy duration plus 1 year after it ends.
- Registered Digital Service (RtR DVSP): Only use providers listed on the OfDIA register. This is optional - but if you go digital, this is the only route that protects you.
⚠️ Penalties & Follow‑Up Checks
- Civil Penalty: Up to £20,000 per tenant for a first offence if you fail to check correctly and have no statutory excuse.
- Criminal Offence: Up to 5 years imprisonment and an unlimited fine if you knowingly rent to someone disqualified - this applies to landlords and agents.
- Follow‑Up Checks Required: If the check grants only time‑limited permission, you must repeat the check before that permission expires. Mark your calendar - do not rely on the tenant to notify you.
- Keep Records Securely: Digital or hard copies must be retained for the tenancy + 1 year, then securely destroyed.
🏠 Propertymark’s Key Advice
Propertymark emphasises that compliance is not optional - and the updated rules mean you must review your processes now:
- Verify your provider: If you currently use a digital ID service, check it appears on the OfDIA register immediately. If not, switch or revert to manual/online checks.
- Check everyone: Don’t overlook adults who are staying but not named on the agreement - they count.
- Respect tenant choice: Never demand a passport specifically or refuse a valid alternative. Discrimination complaints are investigated separately and carry their own penalties.
- Don’t delay: Checks must be completed before occupation begins. Doing them after gives you no statutory excuse.
- Train your team: The 1 October changes affect how checks are documented and which providers are approved - ensure anyone handling compliance knows the new standards.