Landlords and letting agents in England have until 1 October to update their Right to Rent procedures in line with new government guidance, with penalties of up to £20,000 per occupier for repeat non-compliance.
The updated code of practice, published by the Home Office, sets out requirements for avoiding discrimination when conducting Right to Rent checks. The guidance stipulates that applicants must not be treated differently based on their nationality, immigration status or the method by which they prove their right to rent.
Digital checks and equality obligations
The updated guidance addresses the increasing use of eVisas and digital identity verification systems, while reinforcing landlords’ obligations under the Equality Act 2010. According to the Home Office, the measures aim to prevent exploitation of vulnerable migrants by landlords and agents operating outside the law.
Under the new code, landlords and agents must carry out checks consistently across all applicants, avoiding assumptions based on nationality, ethnicity, accent or time spent in the UK. The guidance also prohibits treating applicants differently based on the type of check required or favouring those whose status can be verified more easily through digital systems.
The requirements come as landlords adjust to new regulatory requirements across the rental sector. Those with time-limited right to rent status must not be treated less favourably than other applicants, and automated checking processes must not produce discriminatory outcomes.
Penalty structure
Failure to conduct the required Right to Rent checks can result in civil penalties of up to £10,000 per occupier for a first breach and up to £20,000 per occupier for subsequent violations. The updated guidance applies to all residential tenancy agreements beginning on or after 1 October 2026 in England.
The enforcement measures follow recent regulatory action against landlords failing to meet compliance standards in the private rented sector. Industry professionals have until early October to ensure their procedures align with the new requirements and staff are trained accordingly.
The changes represent a significant compliance obligation for the estimated 2.7 million landlords operating in England’s private rental market, particularly those managing properties with international tenants or those using digital verification systems.