Right to Rent Changes from 1 October 2026: What Luton Landlords Need to Know
By Richard Gedall MNAEA | AARLA, Director, MyEstate Luton Limited
Published: 8 October 2026
The updated Right to Rent codes of practice came into force on 1 October 2026. For landlords in Luton and across England, this is a reason to review how checks are completed, recorded and followed up. It is not a reason to panic or demand fresh documents from every existing tenant.
The changes focus on digital verification, acceptable evidence, the timing of checks and fair treatment of applicants. The underlying responsibility remains familiar: where the scheme applies, landlords must establish that adult occupiers have the right to rent before allowing them to move in.
At MyEstate Luton, our advice is practical. Understand which checking route applies, keep the evidence and make sure someone takes responsibility for any follow-up. A folder containing a passport photograph is not automatically a completed Right to Rent check.
What is Right to Rent?
Right to Rent is an immigration checking requirement for certain residential letting arrangements in England. It concerns whether an adult is entitled to occupy privately rented accommodation as their only or main home.
It is separate from assessing affordability, employment, credit history or previous landlord references. An applicant may pass financial referencing but still need their Right to Rent verified. Equally, someone may have the right to rent without meeting a landlord’s reasonable affordability criteria.
The scheme is not newly introduced by the October update. It has applied across England since February 2016, following an earlier regional rollout. The current code updates the process for establishing a statutory excuse: the prescribed protection against a civil penalty where checks have been completed correctly.
Landlords should treat immigration checks as a distinct stage within tenant onboarding, with its own evidence and completion record.
What changed on 1 October 2026?
The revised code clarifies when checks must happen and expands the framework for digital verification. It also updates acceptable evidence to include specified documents issued digitally by an authoritative source.
One significant change concerns digital verification service providers. Where a landlord chooses to use such a provider for the prescribed digital checking route, the provider must be registered with the Office for Digital Identities and Attributes and marked as authorised to provide Right to Rent checks.
The updated framework also clarifies how facial recognition technology can support identity matching. It does not mean landlords can use any identity app and assume the legal requirements have been met.
A separate updated code addresses unlawful discrimination. Landlords should read the two codes together: completing checks properly and treating applicants fairly are connected responsibilities.
Does every tenant need another check?
No. The arrival of a new code does not create a blanket requirement to repeat checks on all existing tenants.
Checks properly completed before the change are assessed under the code in force when they were carried out. Where an occupier has an unlimited right to rent and the appropriate check established a continuous statutory excuse, routine repeat immigration checks are generally unnecessary.
Required follow-up checks are different. If an existing occupier’s status requires another check, the October code applies when that check is required on or after 1 October 2026.
For landlords, the sensible starting point is a records review. Establish what was checked, when it was checked and whether follow-up is due. Avoid sending a general request for new passports without first understanding each file.
Who should be checked?
Where the scheme applies, checks cover prospective adult occupiers aged 18 or over who will use the property as their only or main home. This includes British citizens and adults who will live there without being named on the tenancy agreement.
For example, a tenancy signed by one person may still involve two adult occupiers. Recording only the named tenant can leave the landlord’s understanding of the household incomplete.
Children are not subject to the initial adult checking requirement. The guidance contains specific rules for children who later become adults, which should be considered when follow-up checks arise.
There are also excluded accommodation arrangements. Do not assume an exemption simply because an occupier is a student or a council has been involved. Establish whether the actual arrangement meets the relevant exemption and retain supporting evidence.
The three main checking routes
The code provides three main routes: a manual document check, a Home Office online check or a permitted check through a registered Right to Rent digital verification provider.
The appropriate route depends on the evidence and immigration status involved. These routes are not interchangeable in every situation.
A manual check requires acceptable evidence from the prescribed lists, examination of the documents and confirmation that they relate to the applicant. The landlord must also retain the required copies and check date.
A Home Office online check uses the official landlord-facing service. Digital provider checks must fall within the provider’s permitted scope. Choosing a convenient platform is only the beginning; the resulting check must satisfy the prescribed requirements.
Share codes and eVisas
People who hold only an eVisa must demonstrate their Right to Rent through the Home Office online service. The landlord uses the applicant’s Right to Rent share code and the information required by that service to obtain the result.
Receiving a share code by email is not the completed check. Nor is viewing a screenshot of the applicant’s own immigration account an adequate substitute for using the official landlord checking service.
The landlord must match the photograph in the result to the person presenting themselves and retain dated evidence of the check. Identity matching can be completed through the permitted methods, including an appropriate video call.
Build this into the onboarding process so that an apparently straightforward digital application does not stop at collecting the code.
Digital providers: what should landlords ask?
If your agent or referencing company uses a digital provider, ask which organisation actually performs the Right to Rent verification and how its registration is confirmed.
A useful practical question is: “Can you show me the evidence that this provider is registered for Right to Rent and explain what the final report covers?”
Also ask who checks that the result belongs to the prospective occupier, who stores the report and who monitors any required follow-up. These are management questions, rather than reasons to duplicate every supplier task.
Digital verification remains optional where another prescribed route is available. Landlords should provide applicants with a reasonable opportunity to use an appropriate permitted method instead of imposing a digital-only process on everyone.
Can expired passports be used?
The answer depends on the checking route and document involved. A statement that “all expired passports are unacceptable” is too broad; a statement that “any expired passport is fine” is equally unreliable.
The manual document lists permit certain expired documents, including British and Irish passports. The digital provider route has its own requirements and includes specified passports or passport cards up to six months beyond expiry, subject to the prescribed verification conditions.
Landlords should consult the current document lists instead of applying an informal rule based on experience with travel or employment checks.
An ordinary photograph or scan also does not become an authoritatively issued digital document merely because it arrives as an email attachment. Evidence needs assessment under the applicable route.
When should checks take place?
Timing matters. Under the code, checks for people with an unlimited right to rent can take place before the residential agreement is entered into. Checks for people with a time-limited right must be undertaken and recorded no earlier than 28 calendar days before the tenancy starts, subject to the guidance’s limited exceptions.
In practice, landlords should link the check to the intended start date. If that date changes substantially, review whether the existing check remains suitable rather than assuming the original onboarding timetable still works.
Keep a clear distinction between receiving documents, carrying out the check and authorising occupation. A complete file should show the actual checking date, not merely the date somebody uploaded an attachment.
Follow-up checks need a diary
Some occupiers have a time-limited right to rent, making follow-up an ongoing responsibility. Establish the relevant eligibility period using the current guidance and record the next required action.
Do not assume that every passport expiry date or every tenancy anniversary is automatically the correct follow-up date. The rules depend on the evidence and status involved.
A practical system should identify the occupier, the previous checking route, the relevant deadline and the staff member responsible. Set an advance reminder so there is time to obtain information and address difficulties.
If the tenant provides evidence of updated permission, assess it through the appropriate route. Keep the new result with the earlier records so the history is understandable to someone reviewing the file later.
What if an applicant cannot obtain a share code?
A technical problem or an outstanding immigration application does not automatically mean the person has no right to rent.
The Home Office Landlord Checking Service is available in specified circumstances where status needs verification. These can include qualifying outstanding applications, reviews or appeals, or situations where the online service cannot confirm eligibility.
A Positive Right to Rent Notice provides a statutory excuse for 12 months from the date specified in the notice. Read the notice carefully and record the resulting deadline.
Staff should have a clear escalation process. Avoid guessing, rejecting an applicant simply because the digital process is difficult, or accepting an unsupported explanation as completed verification. Obtain the prescribed confirmation where the guidance requires it.
Fair treatment is part of compliance
Apply a consistent checking process to prospective adult occupiers. Do not select people for extra checks because of their name, accent, appearance or assumed nationality.
British citizens are included in the checking requirement where the scheme applies. Applicants with time-limited permission should not be treated less favourably simply because their status requires follow-up.
Consistency does not require every applicant to provide identical documents. Different people can lawfully demonstrate eligibility through different prescribed routes.
For landlords and agents, this means explaining requirements clearly, offering reasonable opportunities to provide acceptable evidence and keeping decisions objective. A blanket “British passport holders only” policy is not an appropriate substitute for learning how to check the range of eligible applicants.
Keep records that demonstrate the work
Good records should explain the check without relying on somebody’s memory. Keep the evidence required for the route used, the date and the identity verification record where applicable.
The code requires relevant check records to be kept securely throughout the tenancy and for one year after it ends. Personal information should be protected, with access limited to people who need it.
As a practical measure, use a consistent naming and filing system. If an agency changes staff, or a landlord changes agents, the checking history should remain understandable.
Avoid collecting extra identity documents without a clear purpose. Strong administration means retaining the evidence needed to demonstrate compliance, rather than accumulating sensitive material that nobody has assessed.
Who is responsible when an agent is involved?
Using a letting agent does not, by itself, settle responsibility. The code explains that an agent accepting responsibility in writing for compliance can become liable for the relevant civil penalty instead of the landlord.
Landlords should review their agency agreement and understand whether it covers initial checks, ongoing follow-up or both. A let-only instruction may involve a different continuing service from full management.
At a handover, ask for the checking evidence and any outstanding deadlines. Confirm who takes responsibility from that point onwards.
The practical objective is straightforward: there should be no gap where the landlord assumes the agent is monitoring the file while the agent assumes the landlord is doing it.
A practical review for Luton landlords
Start with your actual portfolio. Identify upcoming tenancies, any required follow-up checks and files with missing or unclear evidence. Deal with those priorities before commissioning unnecessary repeat checks.
Review your provider arrangements, update staff instructions and make sure check dates and results are recorded consistently. Where an exemption is relied upon, check that the file explains it.
For shared houses and HMOs, keep an accurate record of adult occupiers rather than relying solely on the original tenancy paperwork. For ordinary family lets, confirm the intended household during onboarding.
The October changes are best handled through organised management. MyEstate Luton can discuss your existing arrangements, your record-keeping concerns and the support you need with letting or property management.
Contact MyEstate Luton Limited: 01582 380330 | luton@my-estate.co.uk | www.my-estate.co.uk
This article explains the position checked on 8 October 2026. Individual circumstances should be assessed against the current Home Office guidance.
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