Right to Rent digital checks must use registered providers from today

Right to Rent digital checks must use registered providers from today

New rules require all Right to Rent digital identity checks to be conducted through government-registered providers, affecting landlords and letting agents across England from today.

From 1 October 2026, the Right to Rent (RTR) process has changed to mandate that all digital identity verifications for prospective tenants must be performed via a registered Digital Verification Service Provider (DVSP). This change means that any digital checks carried out by non-registered providers will no longer provide landlords or agents with statutory protection against civil penalties for renting to someone without the right to rent. The government-approved Identity Verification Technology (IDVT) process uses biometric data, passport chip information, and police databases to confirm a tenant’s immigration status.

Landlords and letting agents who rely on digital checks must now ensure they use only DVSPs registered with the Home Office. Failure to do so risks losing the statutory defence if a tenant is found to be ineligible to rent. This update tightens compliance requirements and aims to reduce fraudulent documentation and identity theft in the private rented sector.

Details of the new Right to Rent digital check requirements

The RTR scheme, introduced to prevent illegal immigration by requiring landlords to check tenants’ immigration status, has evolved with technology. The new rules specify that digital identity checks must be conducted through DVSPs registered on the Home Office’s official list. These providers use advanced biometric verification methods, including facial recognition and passport chip data, cross-referenced with police and immigration databases to confirm eligibility.

Previously, landlords could use a range of digital or manual methods to verify identity, but only checks through registered providers now carry statutory protection. If a landlord uses an unregistered digital provider or conducts manual checks without following the prescribed process, they risk civil penalties if the tenant does not have the right to rent. The government’s IDVT system is designed to streamline the process while enhancing accuracy and security.

This change also reflects the government’s broader efforts to digitise immigration control and reduce fraud. The Home Office maintains a list of approved DVSPs, and landlords must verify that their chosen provider is registered. The statutory defence remains available only if the correct process is followed, including retaining records of the check.

Context and implications for landlords and agents

The Right to Rent scheme has been a significant compliance responsibility for landlords and letting agents since its introduction. This update introduces a stricter framework for digital checks, emphasising the use of government-approved technology. For landlords managing multiple properties or portfolios, this change means reviewing current identity verification practices and possibly switching to registered DVSPs.

Letting agents will need to ensure their processes and software providers comply with the new requirements. Agents often conduct initial tenant vetting, so their compliance is critical to protecting landlords from penalties. The shift to mandatory use of registered providers may increase costs or require new contracts with technology suppliers, but it also provides greater assurance of compliance.

Smaller landlords who previously performed manual checks or used unregistered digital services must now adapt to the new system. While some may find the digital verification process more complex, the government’s intention is to reduce errors and fraudulent lettings, ultimately protecting landlords from legal risks.

Practical considerations for compliance and record-keeping

Landlords and agents must confirm their digital identity verification provider is on the Home Office’s registered list before conducting any new Right to Rent checks. This includes checks for new tenants and periodic follow-ups where applicable. Retaining evidence of the check is essential to maintain the statutory defence against civil penalties.

Records should include details of the DVSP used, the date of the check, and confirmation of the tenant’s eligibility. Landlords should also be aware that the statutory defence applies only if the correct process is followed from the outset. Any deviation, such as using an unregistered provider or failing to keep records, could negate this protection.

It is advisable to review tenancy application procedures and update tenancy agreements or tenant information packs to reflect the new process. Training staff or contractors who carry out checks will help ensure consistent compliance. Landlords should also monitor government updates, as further changes to the RTR scheme could be introduced.

Remaining uncertainties and future developments

While the requirement to use registered DVSPs is clear, some practical details remain uncertain. For example, the government has not specified how frequently landlords must recheck existing tenants’ status using the new system, though periodic checks are generally recommended. The impact on landlords with tenants who have complex immigration statuses is also an area to watch.

There may be further refinements to the list of approved DVSPs or the technology standards they must meet. Landlords should monitor the Home Office’s guidance closely to ensure ongoing compliance. Additionally, some landlords may face challenges if their current digital verification provider is not registered and no suitable alternative is available immediately.

As the government continues to digitise immigration enforcement, the Right to Rent scheme may see further changes, potentially including integration with other tenancy compliance checks. Landlords and agents should prepare for a more technology-driven compliance environment.

What landlords should do now to comply with Right to Rent changes

• Verify that any digital identity verification provider used is registered with the Home Office as a DVSP.
• Review and update tenant application procedures to incorporate the new digital check requirements.
• Ensure all staff or agents involved in tenant vetting understand the new rules and processes.
• Keep detailed records of all Right to Rent checks, including provider details and evidence of tenant eligibility.
• Monitor official Home Office guidance for updates or further changes to the scheme.
• Consider the implications for existing tenants and whether rechecks are necessary under the new system.

Keeping Right to Rent compliance organised with TLA support

The Landlord Association (TLA) offers members practical resources to manage Right to Rent compliance effectively. Through TLA membership, landlords and letting agents can access up-to-date guidance on the new digital verification requirements and statutory defence conditions. TLA’s compliance resources help members review and maintain proper documentation for tenant identity checks, reducing the risk of penalties.

TLA is currently developing ORBIT, a property management and compliance platform in BETA testing. ORBIT aims to assist landlords and agents in organising tenancy records, including Right to Rent checks, and tracking compliance actions. While still in development, ORBIT could provide a centralised way to manage digital verification records and monitor changes in legislation.

Exploring TLA membership and ORBIT BETA access offers landlords a practical way to stay informed and organised as Right to Rent regulations evolve.

The shift to mandatory use of registered digital verification providers marks a significant step in tightening Right to Rent enforcement. Landlords and agents should prioritise compliance to avoid penalties and ensure lawful lettings.

Sources: Letting Agent Today