Editor's note: This brief was summarised by The Property AI Team from a report by Property118. Read the original article for full details.
Home Office Publishes Updated Right to Rent Guidance for Landlords
The Home Office has published its updated Right to Rent guidance for landlords, including the landlord's guide to right to rent checks and the Right to Rent immigration checks: landlords' code of practice, both available on GOV.UK. The guidance applies to right to rent checks conducted on or after 1 October 2026, with previous versions available through the UK Government Web Archive.
The Scheme applies only to residential tenancy agreements first entered into on or after 1 December 2014 in Birmingham, Wolverhampton, Dudley, Sandwell and Walsall, and on or after 1 February 2016 in the rest of England.
Transfer of Liability and Appointing an Agent
A landlord may appoint an agent to carry out right to rent checks on their behalf. Where an agent accepts responsibility for conducting the checks, this should be recorded in a written agreement. The agreement should make clear whether the agent is responsible for initial right to rent checks and any required follow-up checks for occupiers with a time-limited right to rent.
Where responsibility has been transferred in writing, liability for any civil penalty rests with the agent. Liability cannot be transferred beyond the appointed agent.
Sub-Lets and Lodgers
If a tenant sub-lets all or part of their accommodation, or takes in a lodger for rent, they become responsible for carrying out right to rent checks on those occupiers. Responsibility can be transferred to their landlord, the 'superior landlord', where the superior landlord agrees in writing to accept responsibility for conducting the checks.
Where the superior landlord accepts responsibility, they must identify all occupiers, carry out the required right to rent checks, complete any required follow-up checks, and make any required reports to the Home Office. If the superior landlord does not agree in writing to accept this responsibility, the person sub-letting or taking in the lodger remains responsible for complying with the Scheme and may be liable for a civil penalty where the requirements are not met.
Sitting Tenants and Changes in Landlord
Where a landlord acquires a property with sitting occupiers, they should confirm with the previous landlord that right to rent checks were carried out and retain evidence of this, such as copies of the documents checked, whether physical or digital. Landlords must also note whether and when any follow-up checks are required to maintain a statutory excuse against a civil penalty.
If the tenancy was entered into before the Scheme came into force, the new landlord does not need to confirm that a right to rent check has been carried out, but should obtain and keep evidence of the tenancy start date.
Where a disqualified person with no right to rent is found in occupation and the landlord has changed since the tenancy was granted, liability depends on the circumstances. If the occupier had no right to rent at the time the tenancy was granted, the original landlord remains liable, even if the property has since been sold. If an occupier had a right to rent when the tenancy was granted but later lost it, and the required follow-up checks were not carried out, the landlord at the time the breach is identified will be liable.
Who Can Occupy Residential Accommodation?
Under the Scheme, people generally fall into one of two categories depending on their immigration status: those with an unlimited right to rent, and those with a time-limited right to rent. The guidance also covers those who have been granted Permission to Rent by the Home Office.
Source: Property118