Landlords and letting agents across England are being urged to review and update their Right to Rent procedures ahead of new government guidance coming into force on 1 October. Non-compliance with these updated rules could lead to substantial civil penalties, potentially reaching up to £20,000 per occupier for repeated infringements.
The updated code of practice, issued by the Home Office, outlines stringent requirements designed to prevent discrimination when conducting Right to Rent checks. It explicitly states that prospective tenants must not be treated differently based on their nationality, immigration status, or the method they use to prove their right to rent in the UK. This includes ensuring fair treatment for individuals with eVisas and those whose status is verified through digital identity systems.
A core objective of the new measures is to combat the exploitation of vulnerable migrants by rogue landlords and agents operating outside the legal framework. The guidance mandates that checks must be applied consistently to all applicants, thereby prohibiting assumptions based on nationality, ethnicity, accent, or the length of time someone has resided in the UK. Furthermore, landlords are advised against favouring applicants whose status is more easily verifiable digitally or treating those with time-limited right to rent status less favourably.
These changes arrive as the private rented sector continues to adapt to a series of new regulatory requirements. For a first breach of the Right to Rent rules, a civil penalty of up to £10,000 per occupier can be imposed, escalating to £20,000 per occupier for subsequent violations. While the immediate compliance deadline is 1 October for updated procedures, the enforcement measures regarding penalties apply to all residential tenancy agreements beginning on or after 1 October 2026 in England.
For the estimated 2.7 million landlords operating in England's private rental market, particularly those managing properties with international tenants or utilising digital verification, these updates represent a significant compliance obligation. Industry professionals have until early October to ensure their internal procedures align with the new requirements and that all relevant staff are appropriately trained to avoid penalties and ensure fair practice. The Opposition has yet to issue a formal response to the Home Office's updated guidance.