UK Home Office Updates Code of Practice for Landlords on Preventing Discrimination during Right to Rent Checks

Current rules

From 1 October 2026, landlords and letting agents in England must follow the revised statutory code when carrying out Right to Rent checks covered by the new version. It applies to residential tenancy agreements beginning on or after 1 October 2026 and to follow-up checks on existing tenants that need to be conducted from that date to maintain a statutory excuse. The central requirement is consistency. Landlords should use the same basic approach to Right to Rent checks for all prospective tenants rather than selecting people for additional scrutiny because they appear foreign or are believed to be migrants. Every prospective tenant should be asked to provide evidence of their right to rent where a check is required. The code specifically addresses different forms of evidence. Some people may use the Home Office online checking service, some may present eligible physical documents and others may use a permitted Right to Rent Digital Verification Service Provider. Having an eVisa, requiring a manual check, or using a different verification route must not result in less favourable treatment. Landlords also cannot insist that someone use digital evidence where the relevant rules allow another checking method. The code also prohibits landlords from making assumptions about a person's immigration status or right to rent based on colour, nationality, ethnic or national origins, accent or how long they have lived in the UK. A landlord should not, for example, check only people who appear to be international tenants while assuming that other applicants are British. The updated code extends this principle to digital and automated processes. Landlords and agents should ensure that technology used for Right to Rent checks does not itself create discriminatory outcomes. Where an individual cannot access a digital service or cannot immediately produce the relevant evidence, the landlord should use the appropriate alternative route, including the Landlord Checking Service where applicable.

Overview

The UK Home Office has issued a revised statutory Code of Practice for landlords regarding 'Right to Rent' checks, effective from 1 October 2026. This updated code clarifies how landlords and letting agents must avoid unlawful discrimination, particularly race discrimination, when conducting these checks. It introduces new provisions for digital right to rent verification, including the use of eVisas and Digital Verification Service Providers, and reinforces the principle of equal treatment for all prospective tenants, regardless of how their right to rent is evidenced. Landlords must adapt their procedures to accommodate these digital verification methods and ensure no tenant is disadvantaged if digital services are inaccessible.

What changed in the latest version

This updated Code of Practice is crucial for landlords and letting agents in England as it directly impacts their obligations and liabilities under the 'Right to Rent' scheme. The inclusion of digital verification methods means they must now be familiar with and utilise the Home Office online service, eVisas, and Right to Rent Digital Verification Service Providers (DVSPs) for checking prospective tenants' immigration status. Failure to adhere to the strengthened guidance on equal treatment, especially for those with time-limited right to rent or those unable to use digital services, could lead to accusations of unlawful discrimination, contravening the Equality Act 2010. The clarification on using the Landlord Checking Service (LCS) means agents must understand when and how to engage this service to maintain a statutory excuse against civil penalties. Landlords and agents who continue to rely solely on previous checking methods or fail to consider the provisions for non-digital access may expose themselves to legal challenge or penalties for non-compliance, necessitating a review of current checking procedures and staff training to align with these new stipulations.

Explained simply

Imagine you're renting a house, and your landlord needs to check if you're allowed to live in the UK. This new rule for landlords, starting on 1 October 2026, makes sure they do these checks fairly, especially with new digital ways to prove you can stay, like an online visa. It's like making sure everyone gets a fair chance to rent a home, no matter where they're from or if their documents are digital or on paper.

Frequently asked

Version history

1. v1Effective 1 Oct 2026EffectiveHigh impact
   UK Home Office Updates Code of Practice for Landlords on Preventing Discrimination during Right to Rent Checks

   The UK Home Office has issued an updated Code of Practice for landlords, effective from 1 October 2026. This Code provides guidance on preventing unlawful discrimination, particularly race discrimination, when conducting 'Right to Rent' checks for residential tenancy agreements in England. Key updates include the incorporation of digital checking methods, strengthened guidance on equal treatment regardless of evidence type, clarification on using the Landlord Checking Service, and reinforced provisions against less favourable treatment for those with time-limited right to rent. It also ensures protection for individuals who cannot access digital services. This applies to new tenancies and follow-up checks commencing on or after the effective date.