Right to rent checks in 2026: what's changed since Brexit

We last wrote about right to rent in 2019, when the government had just confirmed the post-Brexit rules for EU citizens. A lot has changed since then. The transition period is long over, the EU Settlement Scheme has processed millions of applications, and digital verification has gone from a novelty to the standard way of doing things. So here's an updated guide to where things stand in 2026.

The basics (in case you need a refresher)

Right to rent checks have been a legal requirement in England since February 2016. If you're a landlord or letting agent, you must verify that every adult tenant has a legal right to be in the UK before the tenancy starts. Get it wrong and you're looking at civil penalties of up to £10,000 per tenant for a first offence, or an unlimited fine and possible criminal prosecution for repeat offences.

The principle hasn't changed. What has changed is who you need to check and how you check them.

EU, EEA and Swiss citizens

This is the biggest change since our last article. EU, EEA and Swiss nationals are no longer covered by freedom of movement. If they arrived in the UK before 31 December 2020 and applied to the EU Settlement Scheme, they'll have either settled or pre-settled status. If they arrived after that date, they need a visa, just like any other non-UK national.

Here's the crucial bit: you cannot check EU Settlement Scheme status using a physical document. Settled and pre-settled status is digital-only. Tenants prove their status using a Home Office share code, which you verify through the government's online checking service. If a tenant hands you an EU passport or national ID card and says they have settled status, that passport alone is not sufficient proof.

We've come across agents who didn't realise this and were still accepting EU passports as standalone evidence. That won't give you a statutory excuse if it turns out the tenant didn't have the right to rent.

Digital verification and share codes

The share code system has actually worked quite well, in our experience. The tenant generates a code through their Home Office account, gives it to the agent along with their date of birth, and the agent checks it online. It confirms the person's immigration status and right to rent in real time.

Share codes expire after 90 days, so if there's a delay between the check and the tenancy start date, you might need to ask the tenant to generate a new one. We recommend doing the check as close to the move-in date as practical.

Digital ID verification through Yoti

For British and Irish citizens, there's now an easier option. Our integration with Yoti - the first UK government-certified provider of digital identity verification - means tenants can prove their identity and right to rent entirely from their phone. They scan a QR code, take a selfie, photograph their passport or driving licence, and Yoti's AI verifies everything in minutes.

This is particularly useful for tenants relocating from other parts of the country who can't easily pop into the agent's office with physical documents. It's also significantly harder to forge than a photocopy of a passport.

Follow-up checks

If a tenant has time-limited permission to be in the UK (for example, a visa that expires in 18 months), you're required to carry out a follow-up check before that permission expires. Our system tracks these dates and sends reminders, so you don't have to manually diary them up. If the tenant can't demonstrate continued right to rent at the follow-up date, you need to report it to the Home Office.

Record keeping

You must keep a record of every right to rent check for the duration of the tenancy and for at least one year after it ends. Our platform stores all documentation - share code results, digital ID verifications, scanned documents - securely in the cloud, so there's nothing for you to file or archive manually.

If you'd like to review your right to rent processes or enable digital ID verification on your account, give us a call on 01630 318181. It's one of those areas where the rules have evolved quite a bit and it's worth making sure you're up to date.