Right to Rent checks go Digital
All landlords in England have a responsibility to prevent those without lawful immigration status from accessing the private rented sector. You do this by conducting right to rent checks on all prospective adult tenants before the start date of a tenancy agreement, to make sure the person is not disqualified from renting a property by reason of their immigration status.
Since February 2016, Right to Rent checks have been carried out face to face with ‘original documents’ in hand. However, this changed during the pandemic when lockdowns prevented tenants from presenting themselves at the letting agent’s office and as a result of the restrictions put in place by the Coronavirus Act 2020, the legislation relating to Right to Rent checks was temporarily adjusted until September 2022. This temporary adjustment allowed letting agents and landlords to conduct Right to Rent checks using digital platforms such as FaceTime or Zoom.
April 6th, 2022 - What. has changed?
A right to rent check before renting to a prospective tenant to ensure they have a legal status in the UK and are therefore allowed to rent. This includes everyone over the age of 18, including British citizens, who will use the property as their only or main home, even if they are not named on the tenancy agreement and regardless of whether the tenancy agreement is written, verbal or implied.
A statutory excuse is a landlord’s defence against a civil penalty. In order to establish a statutory excuse against a civil penalty in the event a tenant is found to be renting, despite not having the right to rent, landlords must do one of the following before entering into a tenancy agreement with a prospective tenant:
1. a manual right to rent check
2. a right to rent check using Identity Verification Technology (IDVT) via the services of an identity service provider (IDSP)
3. a Home Office online right to rent check
What is IDVT?
From 6 April 2022, letting agents and landlords can use Identity Document Validation technology (IDVT) via the services of a IDSP to complete the digital identity verification element of right to rent checks for British and Irish citizens who hold a valid passport (including Irish passport cards).
Digital identity verification conducted by IDSPs is the process of obtaining evidence of the prospective tenant’s identity, checking that it is valid and belongs to the person who is claiming it.
If you use the services of an IDSP for digital identity verification, holders of valid British or Irish passports (or Irish passport cards) can demonstrate their right to rent using this method. This will provide you with a continuous statutory excuse.
You must not treat less favourably those who do not hold a valid passport, or do not wish to prove their identity using an IDSP. You must provide individuals with other ways to prove their right to rent and should carry out a manual document-based right to work check in these circumstances.
For a detailed guide on how to complete a right to rent check, using an IDSP, please refer to Annex E of this guidance.
Basic steps to conducting a RTR check using an IDSP:
a) IDSPs can carry out digital identity verification to a range of standards or levels of confidence. The Home Office recommends that landlords only accept checks via an IDSP that satisfy a minimum of a Medium Level of Confidence. A list of certified providers is available for you to choose from on GOV.UK: Digital identity certification for right to work, right to rent and criminal record checks. It is not mandatory for you to use a certified provider; you may use a provider not featured within this list if you are satisfied that they are able to provide the required checks.
b) Satisfy yourself that the photograph and biographic details (for example date of birth) on the output from the IDVT check are consistent with the individual presenting themselves for rent (i.e. the information provided by the check relates to the individual and they are not an imposter).
c) retain a clear copy of the IDVT identity check for the duration of the tenancy and for one year after the tenancy has come to an end.
Should you be found to be letting to individuals without their identity and eligibility being verified correctly in the prescribed manner, you will not have a statutory excuse in the event.
Biometric Residence Permits
BRPs provide evidence of the holder’s immigration status in the UK. They contain the holder’s unique biometric identifiers (fingerprints, digital photograph) within the chip. They also display a photograph and biographical information on the face of the document and details of entitlements, such as access to work and/or public funds.
For migrants overseas, who are granted permission to enter the UK for more than six months, they are issued with a vignette (sticker) in their passport which will be valid for 30 days to enable them to travel to the UK. Following their arrival, they will have 10 days or before their vignette expires (whichever is later) to collect their BRP from the Post Office branch detailed in their decision letter.
BRP holders must still collect their card, but they prove their right to rent using the Home Office online service rather than showing the physical document. They are strongly encouraged to collect their BRP before they enter into a tenancy agreement in order to use the information to generate a right to rent share code. If they need to enter into a tenancy agreement prior to collecting their BRP, they will be able to evidence their right to rent by producing the short validity vignette in their passport which they used to travel to the UK. You will need to conduct a manual right to rent check on the basis of this vignette, which must be valid at the time of the check. However, as this will expire 30 days from issue, you will have to repeat the check using the online service, for the statutory excuse to continue.
If the follow-up check indicates that a tenant no longer has the right to rent you must make a report to the Home Office using an online form.
Further information on making a report to the Home Office can be found here.