Right to Rent changes for England’s landlords from October
8:50 AM, 29th September 2026, 2 weeks ago
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Landlords in England who use digital verification services for Right to Rent checks must choose registered providers under a revised code taking effect on 1 October.
However, tenants cannot be disadvantaged for choosing acceptable paper documents instead.
The revised Home Office codes cover checking procedures and avoiding unlawful discrimination.
They update guidance on digital evidence, facial recognition and the treatment of applicants whose immigration status requires further checks.
Fair treatment rules
The Home Office’s discrimination code states: “Individuals must not be treated less favourably because a different right to rent checking route is required.”
It also warns landlords against favouring applicants simply because their status is easier to verify.
Those with a time-limited right to rent must receive equal treatment once they have demonstrated their entitlement, even where follow-up checks are necessary.
Nor should landlords insist on digital evidence from people who cannot use the Home Office online service.
Digital checking requirements
A digital verification provider must appear on the government register with confirmation that it can conduct right to rent checks.
Using such a provider remains optional, with other permitted checking methods still available.
Where facial recognition fails, landlords must give the applicant a reasonable opportunity to verify their identity.
For tenants with eVisas, landlords must use the Home Office online checking service, although the Landlord Checking Service can help where technical problems prevent verification.
Avoiding discrimination claims
Checks should be applied consistently, including to applicants whom landlords believe are British.
The code warns against assumptions based on someone’s accent, nationality, colour or ethnic origins.
Subject to business requirements, landlords should, where possible, keep an accommodation offer open for a reasonable period while an applicant obtains evidence of their right to rent.
Anyone alleging unlawful discrimination by a landlord or prospective landlord can bring a complaint before a county court.
Tags:
digital verification, Home Office guidance, landlord code of practice, Letting Agents, right to rent checks, tenant discrimination
23 comments on this article
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Member Since October 2025 - Comments: 25
8:07 AM, 9th October 2026, About 3 days ago
Reply to the comment left by Jesus Diaz at 09/10/2026 – 07:01
So NRLA doesn’t follow their own members wishes?
What the hell is the point of them?
Time for landlords to abandon NRLA and start a collective union that will actually represent us instead of being a government lapdog.
Member Since December 2023 - Comments: 28
9:11 AM, 9th October 2026, About 3 days ago
Reply to the comment left by Gently distressed at 09/10/2026 – 08:07
A landlord Association aims must be to look after their members which was when the “Small Landlord Association” started doing when they started but now is different as they have absorbed other landlords associations or put them out of business. Now you can see that as soon as the abolition of S21 and the new punitive uncooked law was passed, NRLA was offering new courses for landlords mainly to sell their courses and were putting pressure on the Government to introduce the new law asap to maximise their profit. Then there “Safe to Rent” and the other companies were not maximising their profit. A Good example was OpenRent which provided the Small Landlords with an excellent service – one free to advertise in their website and the other with the other websites for just £29. A year ago OpenRent went up four folds £120 for the same advertising that was £29. This applies to all the other called services.
So we do need another Small Landlord Association that keep their members as the only aim of their function.
Member Since June 2017 - Comments: 145
12:32 PM, 9th October 2026, About 2 days ago
Reply to the comment left by Jesus Diaz at 09/10/2026 – 07:01
I can’t comment on how any decisions were reached by the NRLA. But I can give you my opinion. I see the NRLA as an organisation that works with government to hopefully temper the extremes of it’s ideas. For me, it provides a low cost resource, unlike lobbying groups that are funded from other sources. It’s a business, & like any other, it has to find the balance that keeps it profitable whilst offering some value to members,
Rather than complaining about the low key approach of the NRLA, those that feel the need for a louder lobbyist voice could form a lobbying group, obtain funding & do exactly what the various lobbyist groups do, but with a landlord bias. I wish I had the time or the energy, but it’s a younger persons thing really.