Right to Rent checks for letting agents: the rules and the new code from 1 October 2026

Every adult who will live in a property you let in England needs a Right to Rent check before the tenancy starts. If a landlord has passed the job to your agency in writing, the fine for getting it wrong is yours, not theirs.

A new Home Office code of practice applies from 1 October 2026. This guide covers who to check, when, the three ways to check, follow-up checks, penalties, and what the new code changes. Checked against gov.uk on 17 September 2026.

At a glance

Who has to be checked

Check all adults aged 18 and over who will live in the property as their only or main home. That includes adults who are not named on the tenancy agreement, and applies even where there is no written agreement.

Some types of accommodation are outside the scheme, including social housing, care homes, hostels, mobile homes and student accommodation. For an ordinary private let, assume every adult must be checked.

When an agent is responsible

Landlords can appoint an agent to carry out the checks. The code of practice says the landlord should keep a written agreement that makes clear whether the agent is responsible for the initial check, any follow-up checks, or both.

Where an agent has accepted responsibility in writing, liability for a civil penalty rests with the agent, not the landlord. It cannot be passed on beyond the agent.

For your agency, that means:

1. Say in your terms of business exactly which checks you do.
2. Have the landlord sign it.
3. Run the checks on every let where you have taken that responsibility, with no exceptions.

The three ways to check

1. Manual document check

Check the tenant's original documents with the tenant present, make sure they are genuine and belong to that person, then make and keep copies and record the date of the check.

2. Digital Verification Service

Use a registered Right to Rent Digital Verification Service provider to check eligible documents digitally. Under the code from 1 October 2026, digital checks using identity technology such as facial matching must be done through a registered provider.

3. Home Office online check

If the tenant has a share code, view their right to rent online. People who hold an eVisa can only prove their right to rent through the Home Office online service, so a physical document check is not an option for them.

Keep the evidence of whichever check you use.

Timing the check

• Unlimited right to rent: check at any time before the tenancy agreement is entered into.
• Time-limited right to rent: the check must be done and recorded no earlier than 28 days before the tenancy starts.

If you check a time-limited tenant too early, the check does not give the landlord or agent a defence.

Follow-up checks

When a tenant's right to rent is time-limited, you need a follow-up check before your protection expires. That point is the latest of:

• 12 months after the previous check
• the end of the tenant's permission to be in the UK
• the expiry of the document used

If a follow-up check shows the tenant no longer has the right to rent, you must report it to the Home Office as soon as reasonably practicable, and before your time-limited excuse runs out. gov.uk warns that failing to report can lead to a fine or up to five years in prison.

Penalties

A first penalty can be reduced by 30% if paid in full within 21 days (for example, £10,000 to £7,000). It cannot be paid in instalments.

Record keeping

Keep evidence of each check for the length of the tenancy and one year after it ends, then destroy it securely. Records are your statutory excuse: without them, a correct check can still end in a penalty.

What changes on 1 October 2026

The updated code of practice:

• lists digital versions of acceptable documents where they can be verified
• requires facial matching and similar digital checks to go through a registered Digital Verification Service
• confirms that people with an eVisa prove their right to rent through the Home Office online service
• keeps physical documents as an accepted route for people who hold them

Penalty amounts are unchanged from the 2024 code.

A checklist for agencies

1. Put Right to Rent responsibility in writing in every management and let-only agreement.
2. Check every adult occupier, not just the lead tenant.
3. Record which method you used, the date, and who did it.
4. For time-limited right to rent, do not check more than 28 days before the start date.
5. Diary a follow-up check before the time-limited excuse expires.
6. Keep evidence until one year after the tenancy ends, then destroy it.
7. Brief staff on eVisas and the 1 October 2026 code.

Keeping it on track in Letfold

Letfold records each check against the tenant: share code, date, outcome, expiry and the evidence PDF. Time-limited checks get email reminders at 60, 30, 14 and 7 days before they expire, on the day, and after. Right to Rent is part of the compliance tools, alongside gas safety, EICR and EPC dates. For the rest of your duties, see the letting agent compliance checklist.

Frequently asked questions

Do letting agents have to do Right to Rent checks?

Only where the landlord has appointed the agent to do them. If the agent has accepted that responsibility in writing, the agent is liable for any civil penalty rather than the landlord.

How far in advance can I do a Right to Rent check?

For someone with unlimited right to rent, any time before the tenancy agreement is made. For someone with time-limited right to rent, no earlier than 28 days before the tenancy starts.

What is the fine for not doing a Right to Rent check?

Up to £10,000 per occupier and £5,000 per lodger for a first breach, and up to £20,000 per occupier and £10,000 per lodger for a repeat breach within three years.

How long must I keep Right to Rent records?

For the length of the tenancy and for one year after it ends.

Can I still check physical documents after 1 October 2026?

Yes, where the tenant holds acceptable physical documents. Tenants with an eVisa must use the Home Office online service instead.

Sources

Checked on 17 September 2026:

• Check your tenant's right to rent (gov.uk)
• Code of practice for landlords and their agents: the right to rent scheme, 1 October 2026 (gov.uk)
• Right to rent: landlords' code of practice (gov.uk)

This article is general information for England, not legal advice.