Landlords in England need to prepare for important changes to Right to Rent checks from 1 October 2026.
The Home Office has updated its guidance, reflecting the increasing use of digital immigration status checks and reinforcing the importance of fair and consistent procedures.
The changes matter because landlords and letting agents can face significant penalties if they rent property to someone who does not have the legal right to rent in England. Therefore, understanding the correct process is essential for protecting your property business.
At The MGroup, we regularly help landlords and property investors navigate complex tax, compliance and record-keeping requirements. As regulations continue to evolve, staying proactive is often the most effective way to reduce risk and maintain confidence.
Understanding the Right to Rent Scheme
The Right to Rent scheme requires landlords and letting agents in England to verify that prospective adult tenants have the legal right to occupy residential rental property.
The updated guidance does not fundamentally change the requirement to perform checks.
However, it does place greater emphasis on using digital evidence of immigration status where appropriate.
Depending on a tenant’s circumstances, landlords may need to:
- Use the Home Office online checking service
- Review an eVisa
- Use an approved Identity Service Provider (IDSP)
- Examine acceptable original documents where permitted
Importantly, landlords should not assume one method applies to all prospective tenants.
Partner Insight
“Taking action early often creates more opportunities and reduces risks. Reviewing your procedures before a regulatory deadline can prevent costly mistakes later.” says Wendy Tatham, Partner at The MGroup
Digital Checks Are Becoming the Norm
The latest guidance reflects the continuing shift towards digital verification of immigration status.
Many individuals will now be able to prove their status through online systems rather than physical documents. As a result, landlords must ensure they understand which verification method is appropriate for each applicant.
Failing to follow the prescribed process could mean losing the statutory excuse that helps protect landlords from civil penalties if a tenant is later found not to have the required Right to Rent.
For official guidance, landlords should refer directly to the Home Office:
Avoiding Discrimination During Tenant Selection
Equally important is the Home Office’s renewed focus on fair treatment and anti-discrimination principles.
Landlords and letting agents must apply Right to Rent checks consistently across all prospective adult occupiers. A tenant should not be treated less favourably because of how they are able to demonstrate their Right to Rent.
For example:
- A person using digital status evidence should not be disadvantaged.
- A person with time-limited immigration status should not automatically be rejected.
- Checks should be applied consistently to every adult occupier.
Maintaining fair procedures is not only a legal requirement but can also help demonstrate good governance if questions arise later.
Record Keeping Remains Essential
One of the most important elements of compliance is retaining appropriate evidence of the checks completed.
The statutory excuse available to landlords depends on carrying out the prescribed checks correctly and keeping suitable records.
Landlords should ensure they:
- Keep copies of evidence obtained
- Record the date checks were completed
- Note any future follow-up deadlines
- Maintain organised records for inspection if required
Good record-keeping can also support wider property management and tax compliance obligations.
Partner Insight
“Compliance is often less about completing a task once and more about maintaining the evidence that proves it was done correctly.” says Wendy Tatham, Partner at The MGroup
Working with Letting Agents
Many property owners rely on letting agents to conduct Right to Rent checks.
However, landlords should remember that responsibilities need to be clearly documented. A written agreement should specify who is responsible for:
- Carrying out checks
- Retaining records
- Conducting follow-up checks where required
- Managing compliance procedures
Without a clear agreement, misunderstandings can occur, potentially exposing landlords to unnecessary risk.
What Should You Do Now?
Before 1 October 2026, landlords should:
✅ Review tenant onboarding procedures
✅ Understand when digital verification methods apply
✅ Train relevant staff on the updated guidance
✅ Ensure Right to Rent checks are applied consistently
✅ Review record-keeping systems
✅ Confirm responsibilities with letting agents in writing
✅ Make note of any future follow-up check dates
✅ Seek professional advice where responsibilities are unclear
Key Takeaways
- Updated Right to Rent guidance takes effect on 1 October 2026.
- Digital immigration status checks are becoming increasingly important.
- Different tenants may require different verification methods.
- Consistent procedures are essential to avoid discrimination risks.
- Record keeping remains critical for maintaining a statutory excuse.
- Landlords using agents should clearly document compliance responsibilities.
How We Can Help
The regulatory landscape for landlords continues to become more complex. Alongside property tax obligations, landlords face increasing compliance and record-keeping responsibilities.
At The MGroup, we help landlords and property investors understand their compliance obligations, improve record-keeping processes and manage their tax affairs with confidence.