New Digital Right to Rent Rules: What Landlords Need to Know

If you are preparing a rental property for a new tenant, getting the legal checks right is just as important as presenting the property well. With Right to Rent procedures becoming increasingly digital, landlords need to understand how online immigration records, share codes and approved verification services fit into the letting process. For landlords working with experienced Estate Agents in Hove, keeping up with these changes can make the tenancy process smoother while helping ensure every required check is completed correctly.

Right to Rent checks already form an important part of letting a property in England. The newer digital arrangements do not remove the landlord’s responsibility to carry out the appropriate check. Instead, they provide additional ways of verifying a prospective tenant’s identity and immigration status. With updated government guidance and new provisions coming into force from October 2026, it is worth understanding how the system works.

What Is Right to Rent?

The Right to Rent Scheme requires landlords in England to check that prospective adult tenants are legally permitted to rent residential accommodation before the tenancy begins.

The requirement applies to adults who will use the property as their only or main home, including people who may not be named on the tenancy agreement. Landlords generally need to check everyone aged 18 or over rather than deciding who should be checked based on nationality or appearance. This is an important point because selective checks can create discrimination risks.

The purpose of the process is straightforward: landlords need to establish that each relevant occupier has the right to rent and keep appropriate evidence of the check.

What Has Changed with Digital Checks?

Digital immigration records have become increasingly common, particularly for people who hold an eVisa or certain other forms of immigration status.

Where a tenant has an eVisa or another status that can be checked online, landlords can use the Home Office online Right to Rent service. The tenant normally provides a share code, allowing the landlord to access their relevant status information.

The online service provides information directly from Home Office systems, rather than relying solely on physical documents. Landlords must still make sure that the person presenting themselves is the individual to whom the online record relates.

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Digital Verification Services Are Becoming More Important

Another development is the formal use of Right to Rent Digital Verification Service Providers, often referred to as RtR DVSPs.

These services can support landlords with digital identity verification and certain approved document checks. Government guidance explains that registered providers can be used for specified digital verification processes, including identity and facial recognition checks in appropriate circumstances.

For landlords, this could provide a more streamlined process when dealing with eligible tenants. However, using technology does not mean handing over responsibility entirely to a third party. The landlord or agent remains responsible for ensuring that the check has been completed correctly and that the necessary evidence has been retained.

Does Every Tenant Have to Use a Digital Check?

No. This is an important distinction. The move towards digital verification does not mean every tenant must prove their right to rent digitally.

Some people can still demonstrate their right to rent using original physical documents where this method is permitted. British and Irish citizens, for example, may use acceptable original documents rather than an online share code. Where a person can prove their right to rent using an accepted original document, a landlord cannot insist that they use the online service instead.

Landlords therefore need to understand which checking route applies to each prospective tenant rather than adopting a single process for everyone.

What About eVisas?

An eVisa is a digital record of a person’s immigration status. For tenants who have an eVisa, landlords generally need to use the Home Office online service to establish the person’s right to rent.

The tenant provides a share code, which allows the landlord to access the relevant information. The landlord should check the information carefully, including the photograph, and confirm that the details relate to the person who is going to occupy the property.

Evidence of the online check should then be retained securely. Current guidance says that the record should be kept for the duration of the tenancy and for one year after it ends before being securely destroyed.

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Time-Limited Permission Requires Extra Attention

Not every right to rent is permanent. Some tenants have a time-limited right to rent because their immigration permission is valid only for a particular period. In these cases, landlords may need to conduct a follow-up check.

For a new tenant with a time-limited right to rent, the initial check should normally be carried out within the prescribed period before the tenancy begins. The updated government code states that this is no earlier than 28 calendar days before the start date in relevant circumstances.

Keeping a clear diary or digital reminder system can therefore be extremely useful. Missing a follow-up check can leave a landlord exposed if the tenant’s permission has expired and the required statutory excuse is no longer valid.

New Rules Coming into Force in October 2026

Landlords should also be aware that updated Right to Rent codes of practice are due to come into force on 1 October 2026.

The updated guidance reflects developments in digital Right to Rent checks, eVisas, and registered digital verification service providers. It also provides further clarification around the use of digital evidence and the responsibilities of landlords and agents.

There is also stronger guidance around ensuring tenants are treated regardless of the way they demonstrate their right to rent. A landlord should not assume that someone needs a particular type of check simply because of their nationality, appearance or circumstances.

Avoiding Discrimination Is Just as Important

Compliance is not only about completing the check. Landlords also need to make sure the process is applied fairly.

The government specifically states that landlords and letting agents should ask all prospective adult tenants to provide evidence of their right to rent, rather than checking only people they believe may not be British citizens. Different treatments based on nationality or immigration assumptions can create discrimination concerns.

The safest approach is to have a consistent procedure and follow it for every prospective adult occupier.

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What Should Landlords Do Now?

The transition towards more digital checking does not need to be complicated. Landlords can start by reviewing their current process and making sure they know which checks are available.

It is sensible to:

  • Check out the latest government guidance before each new tenancy.
  • Check all relevant adult occupiers consistently.
  • Understand when an online share-code check is required.
  • Know when physical documents can still be accepted.
  • Use only appropriate registered digital verification providers where required.
  • Record the date and outcome of every check.
  • Store evidence securely for the required period.
  • Set reminders for follow-up checks where a tenant has time-limited permission.
  • Make sure applicants are treated consistently throughout the process.

Landlords who use a letting agent should also ask how Right to Rent checks are being handled and how records are stored.

A Digital Process Still Requires Human Oversight

Digital Right to Rent checks can make renting a property more efficient, but they should not be treated as a box-ticking exercise.

The landlord remains responsible for making sure the correct procedure has been followed. A digital system can provide information, but it is still important to check that the information belongs to the correct person and that all required evidence has been retained.

For landlords, the best approach is to combine technology with a clear and consistent process.

Staying Ahead of the Changes

The UK’s rental sector continues to become more digitally focused, and Right to Rent is part of that wider change. With eVisas becoming increasingly important and approved digital verification services developing further, landlords need to make sure their procedures keep pace.

The good news is that the fundamental principle remains simple: check that every relevant adult tenant has the right to rent, use the correct checking method, keep proper evidence, and carry out follow-up checks where necessary.

By reviewing their processes now, landlords can be better prepared for the updated requirements taking effect in October 2026. Staying informed is not just about avoiding penalties; it also helps create a professional, fair, and straightforward renting experience for everyone involved.

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