In welcome news for landlords, the Government has made it easier to perform right to rent checks from April this year.
Under the new rules for right to rent, landlords now have a range of options for performing a right to rent check on prospective tenants, including using digital verification technology that can be performed remotely.
Prior to the pandemic landlords had to perform right to rent checks in person with any prospective occupants. They were also responsible for performing the check unless their agent was willing to take on the responsibility and confirm this in writing.
With these new changes, right to rent checks will become significantly more flexible and easier to perform, even after the Covid-adjusted checks have ended.
Using Identity Document Verification Technology
Rather than manually checking documents themselves, landlords may now use an identity service provider (ISP) to establish right to rent.
These checks are performed via Identity Document Verification Technology (IDVT) rather than through face to face meetings with the tenants and do not have any set requirements about how the check is performed, only that it is reasonably accurate.
To establish a statutory excuse the landlord should –
This service is available for use by all potential occupants, including UK nationals.
Using the Home Office checking service
An online system for checking right to rent is now also available for entrants to the UK. This new system makes it significantly easier for landlords to check right to rent status of non-UK nationals but it is only available in some circumstances.
You will be able to use the digital service where the prospective occupier:
Entrants to the UK who have done this will enter their details on the Government’s site. They can then give access to you by providing their ‘share code’ and date of birth. Once you have this information you can check their right to rent status by visiting https://www.gov.uk/view-right-to-rent and checking the details available on the page.
The details include a photograph of the person so make sure you have seen the prospective tenant before checking this information.
Face to face right to rent checks
Prior to the pandemic right to rent checks had to be performed in person, with the landlord or their agent solely responsible for ensuring the ID provided was genuine.
This type of check is still available and can still be performed. To do this landlords must –
Covid adjusted checks
Until 30 September 2022, landlords may still perform the easier Covid-adjusted check instead of the full in-person right to rent check. To perform this check landlords should –
Changes to acceptable documents
From 6 April 2022 all tenants with a Biometric Residence Card, Biometric Residence Permit, or Frontier Worker Permit (biometric card holders) will only be able to evidence their right to rent using the Home Office online service.
Landlords do not need to undertake retrospective checks where tenants before 6 April 2022 evidenced their right to rent with a physical card and will continue to have a statutory excuse where checks were carried out in line with guidance at that time.