If you’re a landlord in England, you’ll probably have seen mention of the updated Right to Rent Code of Practice, which comes into effect on 1st October 2026.
Whenever legislation changes, it’s easy to assume there’s a whole new set of rules to learn. Thankfully, that’s not the case here. The fundamental Right to Rent requirements remain the same, but the Government has updated its guidance to make the process clearer and to reflect changes in how identity checks can be carried out.
Here’s what you need to know.
What is Right to Rent?
Right to Rent is a legal requirement that applies to landlords and letting agents in England. Before a tenancy begins, you must check that every adult who will live in the property has the legal right to rent in the UK.
If these checks aren’t carried out correctly, landlords can face significant financial penalties, so it’s important to ensure your process is compliant.
What’s changing?
The updated Code of Practice doesn’t introduce a completely new system. Instead, it provides clearer guidance on how landlords and agents should carry out Right to Rent checks.
The revised guidance includes:
- Clearer explanations of acceptable Right to Rent checks.
- Updated information on digital identity checks and when they can be used.
- More detailed guidance on maintaining a statutory excuse if checks are completed correctly.
- Reinforced advice on avoiding unlawful discrimination during the letting process.
For most landlords who already follow the correct procedures, these changes should simply act as a useful refresh rather than requiring major changes to existing processes.
Consistency is key
One of the strongest messages within the updated guidance is the importance of treating every prospective tenant fairly and consistently.
Right to Rent checks should be carried out for all adult occupiers, regardless of their nationality, ethnicity, accent or where they were born.
Applying different standards to different applicants could amount to unlawful discrimination, even if it wasn’t intentional.
The simplest way to avoid this is to have one clear process that every applicant follows.
Can I still use digital checks?
Yes, in certain circumstances.
The updated guidance reflects the continued use of digital identity verification services and online Home Office checking systems where applicable. However, not every applicant will be eligible for the same type of check, so it’s important to understand which method is appropriate for each tenant.
If you’re unsure, it’s worth taking the time to familiarise yourself with the updated guidance before your next tenancy begins.
Why it matters
Carrying out compliant Right to Rent checks isn’t simply about avoiding fines. It also helps ensure your tenancy starts on the right footing and demonstrates that you’re meeting your legal obligations as a landlord.
With the updated Code of Practice taking effect from 1 October 2026, now is a good opportunity to review your current procedures and make sure they’re still in line with the latest guidance.
Need help?
At Proceed Property, we keep up to date with legislative changes so our landlords don’t have to.
If you’re unsure whether your Right to Rent process is compliant, or you’d like support managing your property, our team is always happy to help.
Get in touch with us today for straightforward, practical advice.
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