Do the new Right to Rent rules apply to me if I already rent?

The 1 October 2026 codes apply to tenancies that start on or after that date, and to any follow-up check a landlord has to carry out from that date. If you already rent with no time limit on your right to rent, you will not normally be checked again for the same tenancy.

Can a letting agent make me use an identity app?

No. The landlords' code says using a digital verification service provider is not mandatory, and the discrimination code says landlords and agents cannot insist on digital evidence and refuse a manual check for someone who cannot use the Home Office online service. A British or Irish citizen who prefers to show physical documents must not be treated less favourably for that choice.

What happens if facial recognition does not match me?

The landlords' code says that where facial recognition is used, the landlord must give you a reasonable opportunity to verify your identity if the technology cannot verify the images. Ask for a manual check of your original documents, in person or by video call.

I have an eVisa. What should I give the landlord?

A share code from the Prove your right to rent service on GOV.UK, with your date of birth. The landlords' code says that where someone has an eVisa, landlords must use the Home Office online checking service, and the discrimination code says you must not be treated more or less favourably for having one.

Do I get my holding deposit back if I fail a Right to Rent check?

It depends on why. A landlord can keep a holding deposit because the law prohibits letting to you only if neither they nor their agent knew, or could reasonably have known, before taking it. If you do have the right to rent and the problem was the checking method, that exception does not apply. Otherwise a deposit must normally be repaid within seven days of the landlord deciding not to go ahead, unless written reasons are given within that time.

How long do I have to bring a discrimination claim against a landlord?

Under section 118 of the Equality Act 2010, a claim in the county court normally has to be brought within six months of the act you are complaining about. The court can allow longer if it considers that just and equitable, but do not plan around that.

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New Right to Rent Rules From 1 October: What a Letting Agent Can and Can't Insist On

New Right to Rent codes apply in England from 1 October 2026. Agents cannot insist on an ID app, and a failed face scan is not the end of…