Right to Rent Code of Practice October 2026: What Landlords Need to Know

The seventh edition of the statutory Code of Practice for the Right to Rent scheme came into force on 1 October 2026, alongside an updated Discrimination Code of Practice. Courts and tribunals are required to have regard to the Code when deciding penalty appeals — so what it says directly affects how a landlord's compliance is judged.

What Changed

The 1 October 2026 Code of Practice consolidates several developments that accumulated since the previous edition:

Certified DVSP requirement for digital identity checks. Identity Document Validation Technology (IDVT) providers used for verifying British and Irish passport holders must now be certified as a Right to Rent Digital Verification Service Provider (RtR DVSP) and registered with the Office for Digital Identities and Attributes (OfDIA). Using an uncertified provider does not establish a statutory excuse, even if the identity check itself was accurate. The Data (Use and Access) Act 2025 provides the legislative foundation for this certification requirement.

eVisa transition completion. The Code reflects the full phase-out of physical Biometric Residence Permits and Biometric Residence Cards as valid standalone evidence for manual document checks. All foreign nationals with digital immigration status must now prove their right to rent through the GOV.UK share code service.

Renters' Rights Act integration. The Code acknowledges the abolition of fixed-term tenancies from 1 May 2026. It confirms that the automatic conversion to periodic tenancies does not trigger new right to rent checks for existing verified occupiers, and that follow-up obligations remain calendar-based.

Updated document lists. List A and List B acceptable documents have been refreshed to remove references to legacy BRP/BRC physical checks and clarify the remaining valid manual document categories.

The Discrimination Code Update

The updated Discrimination Code of Practice reinforces that landlords must apply checks consistently to every adult occupier. It explicitly addresses the risk of digital inequality — landlords cannot insist that all applicants use digital verification methods when some applicants hold acceptable physical documents that qualify for a manual check.

The Code also reinforces that landlords must provide reasonable support for applicants with disabilities or low digital literacy who struggle to navigate the UKVI online system. Where a status update prevents immediate confirmation, landlords must use official Home Office help channels, such as the Landlord Checking Service, rather than make adverse assumptions. The Landlords' Helpline is 0300 790 6268.

How the Code Affects Penalty Disputes

When a landlord challenges a civil penalty through the objection and appeal process, the tribunal or county court must consider whether the landlord followed the Code. A landlord who can demonstrate they followed the prescribed checking steps — correct route selection, proper document inspection, dated copies, timely follow-ups — has a stronger defence.

Conversely, a landlord who used an uncertified IDVT provider, accepted a tenant's screenshot instead of completing the GOV.UK check directly, or failed to date-stamp their document copies has gaps the Code specifically warns against. The October 2026 edition clarifies these points more precisely than previous versions.

What Landlords Should Do

Check DVSP certification. If you use a digital identity provider for British or Irish passport verification, confirm it appears on the official OfDIA-certified list. The provider should be able to confirm their certification status directly.

Update your document acceptance. Stop accepting physical BRPs or BRCs for manual checks if you have not already. Direct tenants with digital immigration status to the share code route.

Review your record-keeping. The Code's emphasis on date-endorsed copies and secure storage is unchanged but more explicitly stated. Every verification document — whether a passport photocopy or a GOV.UK profile printout — must carry "Date of check: [DD/MM/YYYY]" in the landlord's own writing.

Apply checks universally. The Discrimination Code makes it clear that consistency is both a legal obligation and a practical defence. Checking every applicant the same way is the simplest protection against discrimination complaints.

The Full Framework

The Right to Rent Checks in England guide is written to the October 2026 Code of Practice. It covers every verification route, the certified DVSP requirements, the updated document lists, and the discrimination obligations in a single dated reference — grounded in the current edition of the Code, not a previous version.

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