Right to Rent has been a compliance obligation for letting agents since 2016. But the guidance keeps evolving — and in 2026, there are specific changes to how digital checks work that every estate agent needs to be across.
What Right to Rent Requires
Before tenants move in, landlords and letting agents must check that all adults who will use the property as their only or main home have the legal right to rent in England. Failure to conduct a valid check can result in an unlimited civil penalty.
What Changed: Digital Share Code Checks
The Home Office online checking service allows tenants to generate a share code for agents to verify their Right to Rent status online. The Home Office clarified in recent guidance that the share code check is the check for those with a digital immigration status. You do not also need to see a physical document for someone who has a share code. Asking for both is unnecessary and potentially discriminatory if done inconsistently.
Manual vs Digital: Which Applies
Use a digital share code check for: EU/EEA/Swiss citizens with EUSS status, non-EEA nationals with a Biometric Residence Permit, anyone with a status visible on the Home Office online service.
Use a manual document check for: British and Irish citizens, anyone without a digital immigration status presenting physical documents.
You cannot ask someone who has a digital immigration status to provide a physical document instead. Refusing to accept the share code, or requiring physical documents in addition, could constitute discrimination.
Collecting Share Codes Efficiently
The most efficient approach is to collect the share code at the point of signing the tenancy agreement. When you send the AST for electronic signature, include a field for the tenant to enter their share code and date of birth. SignFlow Now includes Right to Rent share code collection as part of the signing workflow — stored securely and encrypted at rest. The actual Home Office check still needs to be conducted by you on gov.uk.
Repeat Check Requirements
For tenants with time-limited right to rent, conduct a follow-up check before their permission expires. Failing to do so removes your statutory excuse. Set up expiry reminders for all time-limited statuses.
Record Retention
Retain evidence for the duration of the tenancy and one year afterwards: date of check, share code used, result, and for time-limited statuses, the expiry date. A screenshot of the Home Office service result saved to the tenancy record is the standard approach.
Civil Penalty
Since 2024 the civil penalty has been unlimited. If you conducted a valid check before the tenancy began, you have a statutory excuse. If you didn't, or if your check was invalid, you don't.
Action Checklist
- Ensure share code collection is part of your pre-tenancy workflow
- Train your team on the difference between digital and manual checks
- Review your document retention process
- Set up follow-up reminders for time-limited statuses
- Audit existing tenancies for any expired time-limited statuses