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The Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Regulations 2026

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4 Amendment of the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014

(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 is amended as follows. (2) In article 2 (interpretation)— (a) before the definition of “the Act”, insert— “the 2025 Act” means the Data (Use and Access) Act 2025; ; (b) in the definition of “document”, at the end, insert “including the digital version (if any)”; (c) in the appropriate places, insert— “digital verification services” has the same meaning as in Part 2 of the 2025 Act (see section 27(2) and (3) of that Act); “DVS identity check” means the response generated by an RtR DVSP using digital verification services when undertaking identity verification with respect to a person; “DVS register” means the register of persons established and maintained by the Secretary of State under section 32 of the 2025 Act; “relevant DVS document” means— the digital version (if any) of a document listed in the Schedule provided to an RtR DVSP by or on behalf of the person who issued the document, a passport (current or expired by not more than six months) showing that the holder is a British citizen, or a passport or passport card (in either case, whether current or expired by not more than six months) showing that the holder is an Irish citizen; “RtR DVSP” means a person registered in the DVS register under section 33(1) of the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that Act that the person provides right to rent digital verification services; ; (d) omit the definitions of “biometric immigration document”, “derivative residence card”, “identity document validation technology”, “IDVT identity check”, “IDVT identity service provider”, “permanent residence card”, “registration certificate”, “relevant IDVT document” and “residence card”. (3) In article 3(aa), for “IDVT” substitute “DVS”. (4) In article 5— (a) the existing text becomes paragraph (1); (b) after paragraph (1), insert— (2) Where a landlord or agent relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(b), it must be provided by an RtR DVSP. . (5) In article 5ZA— (a) the existing text becomes paragraph (1); (b) in that paragraph— (i) in sub-paragraph (a)— (aa) for “IDVT identity service provider an IDVT” substitute “RtR DVSP a DVS”; (bb) for “IDVT” in the last place it occurs, substitute “DVS”; (ii) in sub-paragraph (b)— (aa) for “IDVT identity service provider” substitute “RtR DVSP”; (bb) for “IDVT”, in the second place it occurs, substitute “DVS”; (iii) omit sub-paragraph (c) and the “and” after it; (iv) after sub-paragraph (d), insert “, and (e) obtains from the RtR DVSP— (i) confirmation that it is registered in the DVS register and that there is a note relating to it in that register that it provides services in accordance with the RtR supplementary code, and (ii) confirmation that the digital verification services it is providing in respect of the DVS identity check are being provided in accordance with the RtR supplementary code, and (f) where a facial recognition check is conducted by the RtR DVSP for the purpose of confirming the occupier’s or prospective occupier’s identity— (i) obtains copies of the facial image of the occupier or prospective occupier within the relevant DVS document or other document and of the facial image of that person in a format that cannot subsequently be altered, (ii) obtains confirmation from the RtR DVSP that the images are of the rightful holder of the relevant DVS document or other document, and (iii) securely retains clear copies of those images and that confirmation for a period of not less than one year after the residential tenancy agreement has come to an end. ; (c) at the end, insert— (2) In this article, “RtR supplementary code” means any supplementary code, or revised version of any supplementary code, in force for right to rent digital verification services published, or republished as revised, under section 29 of the 2025 Act. . (6) In article 5ZB— (a) omit paragraph (1); (b) in paragraph (2)(b), for “IDVT” substitute “DVS”. (7) In article 5B— (a) in paragraph (1)— (i) after sub-paragraph (c), omit “and”; (ii) after sub-paragraph (d) insert “; and (e) where a facial recognition check is conducted by an RtR DVSP for the purpose of confirming the occupier’s or prospective occupier’s identity— (i) obtains copies of the facial image of the occupier or prospective occupier from the online right to rent check and of the facial image of that person in a format that cannot subsequently be altered, (ii) obtains confirmation from the RtR DVSP that the images are of the rightful holder of the document, and (iii) securely retains clear copies of those images and that confirmation for a period of not less than one year after the residential tenancy agreement has come to an end. ; (b) after paragraph (1), insert— (2) Where a landlord or agent relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtR DVSP. . (8) For article 13 (code of practice: civil penalties) substitute— Code of practice: civil penalties 13 The revised code of practice entitled “Code of practice on right to rent: Right to Rent Scheme for landlords and their agents”, issued by the Secretary of State on 24th June 2026 under section 32(1) and (5) of the Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026. . (9) For article 14 (code of practice: discrimination) substitute— Code of practice: discrimination 14 The revised code of practice entitled “Code of practice for landlords: Avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector”, issued by the Secretary of State on 24th June 2026 under section 33(2) of the Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026. . (10) In the Schedule, in List A(1), in paragraph 1, omit the words from “or a” to the end.

Your change, as a redline

4 Amendment of the Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014

(1) The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014 is amended as follows. (2) In article 2 (interpretation)— (a) before the definition of “the Act”, insert— “the 2025 Act” means the Data (Use and Access) Act 2025; ; (b) in the definition of “document”, at the end, insert “including the digital version (if any)”; (c) in the appropriate places, insert— “digital verification services” has the same meaning as in Part 2 of the 2025 Act (see section 27(2) and (3) of that Act); “DVS identity check” means the response generated by an RtR DVSP using digital verification services when undertaking identity verification with respect to a person; “DVS register” means the register of persons established and maintained by the Secretary of State under section 32 of the 2025 Act; “relevant DVS document” means— the digital version (if any) of a document listed in the Schedule provided to an RtR DVSP by or on behalf of the person who issued the document, a passport (current or expired by not more than six months) showing that the holder is a British citizen, or a passport or passport card (in either case, whether current or expired by not more than six months) showing that the holder is an Irish citizen; “RtR DVSP” means a person registered in the DVS register under section 33(1) of the 2025 Act in relation to whom there is a note pursuant to section 36(2) of that Act that the person provides right to rent digital verification services; ; (d) omit the definitions of “biometric immigration document”, “derivative residence card”, “identity document validation technology”, “IDVT identity check”, “IDVT identity service provider”, “permanent residence card”, “registration certificate”, “relevant IDVT document” and “residence card”. (3) In article 3(aa), for “IDVT” substitute “DVS”. (4) In article 5— (a) the existing text becomes paragraph (1); (b) after paragraph (1), insert— (2) Where a landlord or agent relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(b), it must be provided by an RtR DVSP. . (5) In article 5ZA— (a) the existing text becomes paragraph (1); (b) in that paragraph— (i) in sub-paragraph (a)— (aa) for “IDVT identity service provider an IDVT” substitute “RtR DVSP a DVS”; (bb) for “IDVT” in the last place it occurs, substitute “DVS”; (ii) in sub-paragraph (b)— (aa) for “IDVT identity service provider” substitute “RtR DVSP”; (bb) for “IDVT”, in the second place it occurs, substitute “DVS”; (iii) omit sub-paragraph (c) and the “and” after it; (iv) after sub-paragraph (d), insert “, and (e) obtains from the RtR DVSP— (i) confirmation that it is registered in the DVS register and that there is a note relating to it in that register that it provides services in accordance with the RtR supplementary code, and (ii) confirmation that the digital verification services it is providing in respect of the DVS identity check are being provided in accordance with the RtR supplementary code, and (f) where a facial recognition check is conducted by the RtR DVSP for the purpose of confirming the occupier’s or prospective occupier’s identity— (i) obtains copies of the facial image of the occupier or prospective occupier within the relevant DVS document or other document and of the facial image of that person in a format that cannot subsequently be altered, (ii) obtains confirmation from the RtR DVSP that the images are of the rightful holder of the relevant DVS document or other document, and (iii) securely retains clear copies of those images and that confirmation for a period of not less than one year after the residential tenancy agreement has come to an end. ; (c) at the end, insert— (2) In this article, “RtR supplementary code” means any supplementary code, or revised version of any supplementary code, in force for right to rent digital verification services published, or republished as revised, under section 29 of the 2025 Act. . (6) In article 5ZB— (a) omit paragraph (1); (b) in paragraph (2)(b), for “IDVT” substitute “DVS”. (7) In article 5B— (a) in paragraph (1)— (i) after sub-paragraph (c), omit “and”; (ii) after sub-paragraph (d) insert “; and (e) where a facial recognition check is conducted by an RtR DVSP for the purpose of confirming the occupier’s or prospective occupier’s identity— (i) obtains copies of the facial image of the occupier or prospective occupier from the online right to rent check and of the facial image of that person in a format that cannot subsequently be altered, (ii) obtains confirmation from the RtR DVSP that the images are of the rightful holder of the document, and (iii) securely retains clear copies of those images and that confirmation for a period of not less than one year after the residential tenancy agreement has come to an end. ; (b) after paragraph (1), insert— (2) Where a landlord or agent relies on digital facial recognition technology for the purpose of meeting the requirement in paragraph (1)(c), it must be provided by an RtR DVSP. . (8) For article 13 (code of practice: civil penalties) substitute— Code of practice: civil penalties 13 The revised code of practice entitled “Code of practice on right to rent: Right to Rent Scheme for landlords and their agents”, issued by the Secretary of State on 24th June 2026 under section 32(1) and (5) of the Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026. . (9) For article 14 (code of practice: discrimination) substitute— Code of practice: discrimination 14 The revised code of practice entitled “Code of practice for landlords: Avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector”, issued by the Secretary of State on 24th June 2026 under section 33(2) of the Act and laid in draft before Parliament on 30th June 2026, comes into force on 1st October 2026. . (10) In the Schedule, in List A(1), in paragraph 1, omit the words from “or a” to the end.

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