Right to Rent changes from 1 October 2026: the new rules and fines
Short answer: from 1 October 2026, a new Right to Rent code of practice applies in England. If you check a tenant digitally, the provider must now be on the government's OfDIA register for Right to Rent, or the check gives you no legal protection. Registered providers can accept British and Irish passports up to six months expired. Manual and share-code checks are unchanged, and so are the fines: up to £10,000 per occupier for a first breach and £20,000 for a repeat.
What changed on 1 October 2026?
The Home Office replaced two documents on the same day: the Right to Rent code of practice for landlords and agents, and the code of practice on avoiding unlawful discrimination. The law behind them — the Immigration Act 2014 — is the same. What changed is how a digital check has to be done, and how clearly the codes spell out fair treatment.
| Topic | Before | From 1 Oct 2026 |
|---|---|---|
| Digital (IDVT) checks | Any certified identity service provider (IDSP) | Only a provider on the OfDIA register with a Right to Rent note — otherwise no statutory excuse |
| Expired British / Irish passports | Digital providers needed a current passport | A registered provider can check British or Irish passports (and Irish passport cards) up to 6 months after expiry |
| Keeping records | Keep a copy for the tenancy plus one year | Same period — and evidence of a Home Office online check must then be securely destroyed |
| Discrimination | Previous anti-discrimination code | New code: check every adult the same way, accept every valid route, give applicants a fair chance to fix problems |
| Manual and share-code checks | Allowed | Unchanged |
| Civil penalties | £5,000–£20,000 | Unchanged — £5,000–£20,000 |
1. Digital checks must use a registered provider
This is the change that matters most. Until now, a digital identity check through any certified identity service provider was enough. From 1 October 2026 the provider has to be a Right to Rent digital verification service provider: listed on the GOV.UK digital verification services register, run by the Office for Digital Identities and Attributes (OfDIA), with a note that it can do Right to Rent checks.
If the provider isn't on the register for Right to Rent, the check does not give you a statutory excuse — the legal defence that stops you being fined if a tenant later turns out not to have the right to rent. You could do everything else right and still be exposed.
What to do: ask whoever runs your checks which identity provider they use, then look that name up on the register. Even with a registered provider, the duty is still yours: make sure the person who moves in is the person who was checked.
2. Expired British and Irish passports (up to 6 months)
A registered digital provider can now check a British or Irish passport, or an Irish passport card, that expired no more than six months ago. That helps the common case of a British tenant whose passport has just run out. A manual check of an expired British or Irish passport is still allowed too. Everyone else should prove their status with a Home Office share code.
3. Keep records — then destroy them
Keep a clear, dated record of every check for the length of the tenancy plus one year. The new code now says expressly that evidence of a Home Office online check must then be securely destroyed. Holding it longer is a data protection problem — see our guide on how long to keep tenant data.
4. A tougher line on discrimination
The new anti-discrimination code expects landlords to:
- check every adult, not just people who seem foreign;
- not turn someone down because their right to rent is time-limited;
- accept any valid way of checking — including a share code;
- give applicants a reasonable chance to fix a document or digital problem.
“British passports only” is unlawful under the Equality Act 2010 and gives you no protection from a fine.
Right to Rent fines in 2026
The fines did not change on 1 October. They are charged per person who should have been checked, so a shared house adds up fast.
| Breach | Lodger | Occupier |
|---|---|---|
| First breach | £5,000 per lodger | £10,000 per occupier |
| Repeat breach (within 3 years) | £10,000 per lodger | £20,000 per occupier |
Example: three unchecked adult sharers in one property is a possible £30,000 first-breach penalty — £60,000 if it happens again within three years. A first-breach fine drops by 30% if paid within 21 days (the Faster Payment Option).
Your Right to Rent checklist from 1 October 2026
- List every adult who will live at the property — named on the tenancy or not.
- Pick a valid route for each: manual check, Home Office share code, or a registered digital provider.
- If you use a digital provider, confirm it is on the OfDIA register for Right to Rent.
- Finish every check before the tenancy starts.
- Keep a dated record for the tenancy plus one year, then destroy it.
- For time-limited permission, diarise a follow-up check (at expiry or 12 months, whichever is later) and report to the Home Office if it fails.
How RentFig makes the new rules simple
RentFig covers both halves of the job — the check itself, and remembering what comes after it.
- A registered digital check, built into referencing. Our £19 full tenant reference includes a Right to Rent check run by our referencing partner Vorensys. Vorensys uses Yoti for the digital identity check — Yoti was the first provider the government certified for Right to Rent and is on the OfDIA register for it. Tenants verify on their phone in minutes; applicants whose status is held by the Home Office use a share code. You get credit, income, employer and landlord references in the same order.
- Every adult, every time. The Tenancy Setup Wizard asks for a Right to Rent check for every adult at the property before the tenancy goes live — so nobody gets missed.
- Follow-up reminders. For time-limited permission, RentFig records the expiry date and emails you before the permission runs out, so the follow-up check isn't missed — the step most landlords forget.
- Pay per check. No subscription needed for referencing. RentFig itself is free for up to 2 tenancies.
FAQ
What changed for Right to Rent on 1 October 2026?
A new Right to Rent code of practice and a new code on avoiding unlawful discrimination took effect in England. The big practical change is for digital checks: they only give you a statutory excuse if the provider is on the government's digital verification services register (run by the Office for Digital Identities and Attributes, OfDIA) with a note saying it can do Right to Rent checks. Registered providers can also now check British and Irish passports up to six months after they expire. Manual checks and Home Office share-code checks work exactly as before.
Have the Right to Rent fines gone up in October 2026?
No. The civil penalties are the same as they have been since 13 February 2024: up to £5,000 per lodger or £10,000 per occupier for a first breach, and up to £10,000 per lodger or £20,000 per occupier for a repeat breach within three years. A first-breach penalty can be cut by 30% under the Faster Payment Option if paid within 21 days.
How do I know if a digital Right to Rent provider is registered?
Search the provider's name on the GOV.UK digital verification services register and check its entry is marked for Right to Rent (the right to rent supplementary code). If it isn't listed, or is listed only for other uses, a check it carries out does not give you a statutory excuse. If you use a referencing company, ask it which identity provider runs the check — RentFig's referencing partner Vorensys uses Yoti, which is on the register for Right to Rent.
Can I accept an expired passport for a Right to Rent check?
For British and Irish citizens, yes. Since 1 October 2026 a registered digital provider can check a British or Irish passport, or an Irish passport card, that expired no more than six months earlier. A manual check of an expired British or Irish passport is also still allowed. For everyone else, use the Home Office online service with a share code.
Do I have to use a digital provider now?
No. Digital checks are optional. You can still do a manual check of original documents with the person present, or use the free Home Office online service with a share code. The new rule only bites if you choose the digital route: then the provider must be registered.
Does Right to Rent apply in Wales or Scotland?
No. Right to Rent is England only. It was never brought into force in Wales or Scotland and does not apply in Northern Ireland.
Who has to be checked?
Every adult aged 18 or over who will live in the property as their only or main home — whether or not they are named on the tenancy, and whatever their nationality. Checking only people who seem foreign is unlawful discrimination and is exactly what the new code warns against.
How does RentFig handle Right to Rent?
Two ways. RentFig's £19 full tenant reference includes a Right to Rent check run by our referencing partner Vorensys, which uses Yoti — a provider on the government register for Right to Rent — for digital identity checks, with share codes for applicants whose status is held by the Home Office. And the Tenancy Setup Wizard records a Right to Rent check for every adult at the property, saves the expiry date of any time-limited permission and emails you before it runs out.
Disclaimer: This guide is general information for UK landlords, not legal or financial advice. Law and practice change — always confirm the current position, and take advice on anything that matters. This is general guidance, not legal advice. Right to Rent is immigration law. The rules above reflect the Home Office codes of practice in force from 1 October 2026 and were checked on 1 October 2026; always confirm the current code on GOV.UK before relying on this page. For the full picture of how to do a check, read our Right to Rent checks guide.