Retrospective Right to Rent Checks no Longer Required
The Home Office has announced that landlords & letting agents are no longer required to carry out retrospective Right to Rent checks on tenants who were right to rent checked by digital methods between 30 March 2020 and 16 May 2021.
As a result of the first and subsequent lockdowns, letting agents and landlords have been permitted to carry out Right to Rent checks through over digital platforms such as Skype, Zoom or FaceTime. However, Home Office guidance stated that lettings agents and landlords would need to go back and carry out retrospective checks within eight weeks of the Home Office announcing that restrictions were lifted. Clearly, the restrictions have been semi-lifted and then reinstated, creating a back log in retrospective face-to-face checks that would have to take place.
Letting agents are relieved that the temporary adjustments to right to rent checks due to COVID-19 are ending.
From 17 May 2021 landlords and letting agents must either:
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check the applicant’s right to rent online, if the applicant has provided their share code and date of birth
A Reminder - Changes to the Right to Rent Process
Changes have been made to the Right to Rent Scheme, to make it easier for landlords and letting agents to carry out checks and simpler for individuals to prove their right to rent. These changes will come into force on 2 November. The Right to Rent Scheme is currently in force in England only.
The changes enable landlords and letting agents to use a new Home Office online checking service, available from 25 November, on GOV.UK, to undertake right to rent checks. Furthermore, the list of documents a landlord or letting agent can accept as proof of right to rent has been updated to include a short UK birth and adoption certificate and documents issued to non-EEA family members under the EU Settlement Scheme.
The legislation and Code of Practice have been updated in line with guidance published in July 2019 for visitor nationals from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA (known as B5JSSK nationals). Since May 2019, B5JSSK nationals have been able to use their passport and evidence of arrival in the UK within the preceding six months (physical or electronic copy of ticket or boarding pass) to evidence their right to rent.
Further information can be found on Landlords: immigration right to rent checks on GOV.UK.
A factsheet detailing the legislative changes can be found here
A Q&A document can be found here
Finally, queries about the Right to Rent Scheme can be sent to: RighttoRentandRighttoWork@homeoffice.gov.uk