IMPORTANT CHANGES TO RIGHT TO RENT CHECKS ARE COMING SOON – ARE YOU REALLY PREPARED?
As of 6th April 2022, new legislation will be introduced that will change the way landlords and letting agents complete Right to Rent checks. This legislation marks the end of the measures that were put in place over the COVID pandemic, which allowed landlords and letting agents to complete right to rent checks over video call and accept a picture or photocopy of a tenant’s ID and proof of address in place of the original.
This will no longer be acceptable after 6th April 2022, and the current system will be replaced by a digital system.
What will Right to Rent checks look like after 6th April?
By 6th April, a non-UK resident who has a Biometric Residence Card or Permit, has a settled or pre-settled status, or has applied for a Visa will have been provided with a Share Code. This share code can be entered into the Government’s right to rent online checking service, alongside their date of birth, in order to obtain confirmation that the tenant has the Right to Rent within the UK.
Once created, the share code lasts 30 days. After the 30 days is up, the code will no longer be valid and you will not be able to access the individual’s immigration information unless they provide you with another, new share code.
A Biometric Residence Card or Permit (BCR/P) is proof of the holder’s right to live, work, and study in the UK. After 6th April, letting agents and landlords will be required to use the online right to rent checking service for BCR/P holders as it will no longer be acceptable to use an individual’s Biometric Residence Card or Permit to carry out a manual right to rent check, even if it has a later expiry date.
Additionally, from 6th April landlords and letting agents will be able to use certified Identification Document Validation Technology (IDVT) service providers to carry out digital checks on behalf of British and Irish citizens who hold a valid passport (or Irish passport card).
What does this mean for landlords and letting agents?
You can continue completing right to rent checks via video call and accepting pictures or photocopies of tenant ID and proof of address up until 6th April. After this point, you will not be required to complete retrospective checks from when these measures were in place, however if you do decide to complete a retrospective online check and find that an existing tenant no longer has the Right to Rent in the UK, it is a legal requirement to make a report to the Home Office using the online form to maintain a statutory excuse against prosecution and comply with the rules.
It is important that you and your landlords are familiar with the right to rent online checking service and when to use it before the legislation comes into force on 6th April. After this date, landlords could face a civil penalty for renting their property to someone who does not have the right to rent, so it is essential that you carry out the correct right to rent checks every time.
For more information on the changes to Right to Rent checks, visit the dedicated Government webpage.
