Right to Rent in 2026: eVisa Share Codes and the New Penalty Rules

From 1 October 2026, updated Home Office guidance applies to Right to Rent checks in England. The main practical change affects people whose immigration status is held as an eVisa: landlords and letting agents must check their status using the official Home Office online service and a right-to-rent share code.

The rules also require landlords who choose a third-party digital verification service for a prescribed check to use a provider registered for Right to Rent checks on the Office for Digital Identities and Attributes (OfDIA) register.

There is an important distinction: physical Biometric Residence Permits (BRPs) cannot be used for a manual check, but that does not mean every physical document is no longer acceptable. Some prescribed manual document checks remain available. The correct method depends on the tenant’s status and the evidence they can use.

This guide explains the process, the penalty bands and how to avoid common compliance mistakes. For advice about a tenancy or immigration issue, speak to Tyndel Solicitors’ landlord and tenant solicitors or our immigration team.

Who needs a Right to Rent check?

The scheme applies in England to landlords and their agents letting residential accommodation for use as a person’s only or main home. Before a tenancy begins, landlords must check every adult occupier aged 18 or over, including adults who are not named on the tenancy agreement. The same checking process should be applied regardless of nationality.

If the person’s right to rent is time-limited, a follow-up check may also be needed. The check must be completed at the appropriate time and in the prescribed way to establish a statutory excuse. A defence against liability for a civil penalty if an occupier is later found not to have the right to rent.

How to check an eVisa using a share code

A tenant with an eVisa can generate a right-to-rent share code through the government’s “Prove your right to rent in England” service. They provide the landlord or agent with the code and their date of birth.

Follow these steps:

1. Use the official landlord service. Go to GOV.UK’s Right to Rent checking service. Do not rely solely on a screenshot, printout or the tenant’s view of their own immigration account.
2. Enter the share code and date of birth. Right-to-rent codes begin with R. Codes beginning with W or S are for other checks and cannot be used for this purpose. A share code is valid for 90 days.
3. Check the result and the person. Confirm that the Home Office result shows a right to rent and check that the photograph matches the adult who will occupy the property. If the result indicates a time-limited right, note when a follow-up check is due.
4. Keep evidence of the check. Save a copy of the landlord profile page, including the date of the check, and store it securely.

For a person with a time-limited right to rent, the initial check must generally be carried out no earlier than 28 calendar days before the tenancy agreement is entered into. If the online service cannot confirm a person’s status in certain circumstances (for example, because an application or appeal is pending) the Landlord Checking Service may be the appropriate route.

Are physical documents still accepted?

It depends on the document and the person’s circumstances. The Home Office’s 1 October 2026 landlord guide says that people who hold only an eVisa must use the Home Office online service. A manual check of an original, expired BRP is not acceptable proof of a right to rent.

However, some people can still prove their status using prescribed physical or officially issued digital documents. Where a manual document check is permitted, landlords must follow the applicable document list and check the evidence as required. Do not assume that a BRP, a copy of a document or a document that is not on the current acceptable list is sufficient.

If you are unsure which check applies, consult the Home Office guide before agreeing to the tenancy. The correct route depends on the person’s immigration status and the evidence available.

Using a digital verification provider

A landlord may choose to use a Right to Rent digital verification service provider (RtR DVSP) for checks the provider is permitted to carry out. If using one, check the OfDIA register and confirm that the specific provider is registered for Right to Rent services.

Using a third-party service does not remove the landlord’s responsibility to make sure the check meets Home Office requirements. Keep the provider’s check output, confirm that it relates to the correct person, and retain the evidence as required. Digital checks are not compulsory where another prescribed check is available; a person who cannot or does not wish to use a digital route should not automatically be treated less favourably.

How much are the civil penalties?

The penalty depends on whether the breach concerns a lodger or another occupier, and whether it is a first or repeat breach within the relevant three-year period.

Type of occupier	First breach	Repeat breach
Lodger	£5,000	£10,000
Other occupier	£10,000	£20,000

The Home Office also provides a 30% Fast Payment Option for eligible first penalties paid within 21 days. It is not available in every situation, including where payment by instalments has been agreed. Check the terms and deadlines in the penalty notice. Landlords may have grounds to object, including that they are not liable, that they established a statutory excuse, or that the penalty has been calculated incorrectly. The government’s penalties guidance explains the process.

Avoiding discrimination during checks

Right to Rent checks must not become a reason to discriminate. The Home Office’s separate Code of Practice on avoiding unlawful discrimination also came into force on 1 October 2026.

Apply the same process to all prospective adult occupiers. Do not select people for checks because of their name, appearance, accent, nationality or perceived immigration status. Do not treat someone less favourably because their right to rent is time-limited, because they use a manual rather than digital route, or because their status takes longer to verify.

Where a person cannot produce a share code or their status needs Home Office confirmation, consider whether the Landlord Checking Service is appropriate. The separate code makes clear that prospective tenants should not be disadvantaged simply because a different checking route is required.

Record retention and follow-up checks

Keep clear evidence of each check, the date it was completed and any required follow-up date. For online checks, retain a copy of the Home Office profile page. For manual checks, keep the required document copies and record the check date. Store records securely for the tenancy and for at least one year after it ends; they should then be securely destroyed.

For a time-limited right to rent, diarise the follow-up check well in advance. If a follow-up check shows that the occupier no longer has a right to rent, or the occupier does not cooperate with the process, the landlord may need to report the matter to the Home Office to maintain a statutory excuse.

Does the Border Security, Asylum and Immigration Act 2025 change Right to Rent liability?

The Act’s section 48 changes relate to the right-to-work regime and expand how certain work arrangements, including some subcontracting and online matching arrangements, are treated for illegal-working purposes. The October 2026 regulations also update prescribed requirements across the work and residential accommodation schemes.

That does not mean that every subcontractor or online matching service automatically becomes liable under the Right to Rent scheme. Right to Rent duties concern landlords and agents who authorise adults to occupy residential accommodation in England. Landlords should distinguish these residential checks from the separate right-to-work obligations that may apply to businesses.

What landlords should do now

Review your checklists and make sure they reflect the rules in force from 1 October 2026. In particular:

• Check every adult occupier consistently before the tenancy starts.
• Use the official Home Office online service for eVisa share-code checks.
• Do not rely on a manual check of an expired BRP.
• Confirm any third-party digital provider is registered for Right to Rent checks.
• Keep the evidence and diarise follow-up checks.
• Apply the separate non-discrimination code.

The government guidance can change, so check the latest Home Office landlord guide if you are uncertain about a document, a follow-up date or a particular tenancy. For related developments on the property-registration timetable, see our article on the 2026 landlord register rollout.

Request a Free Consultation

If you need advice about Right to Rent checks, a civil penalty notice or a tenancy dispute, contact Tyndel Solicitors’ landlord and tenant team. For questions about eVisas or immigration status, you can also visit our immigration service page.

Telephone: 0208 154 3131
Email: [email protected]

This article provides general information, not legal advice on your individual circumstances.