Right to Rent Changes from 6th April

Right to Rent Changes from 6th April


As we approach the April 6th deadline, landlords and letting agents need to be aware of the Right to Rent Online Checking Service, (on GOV.UK), for viewing the immigration status of existing and prospective tenants.


From 6 April 2022, landlords and letting agents will need to use this service for Biometric Residence Card / Permit holders (this shows proof of the holder’s right to stay, work or study in the UK). This also includes tenants who have been granted status under the EU Settlement Scheme or the points-based immigration system. After this date, it will no longer be possible to use an individual’s physical Biometric Residence Card / Permit for a manual Right to Rent check. In order to access the online service the tenants will need to give a “Share Code” for access to the service, but they must give permission to view their details.


Retrospective checks will not be required on Biometric Residence Cardholders who, before the April date, had used a physical document to demonstrate their Right to Rent. It should be noted that if landlords or letting agents choose to undertake a retrospective online check and identify that an existing tenant no longer has a Right to Rent, they must make a report to the Home Office using the online form, to maintain a statutory excuse against prosecution and comply with the rules.


From 1st October (6 month extension from the proposed start date on 6th April), it is intended that landlords and agents will 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). These regulated service providers will be able to carry out the digital identity checks on their behalf, as many will not yet have access to use the Home Office online services as it is rolled out. From this date the need to check physical documents will be stopped and everyone will be expected to use the online checking service, as information about an individual’s Right to Rent will be provided in real-time directly from Home Office systems.


The temporary adjustments to the Right to Rent Checks (which will still be able to continue until 30th September 2022) brought in due to Coronavirus have proved that the online checking service works and the full roll out can be sped up, hence these new ongoing changes. The overall aim of the Home Office is to reduce the time, mitigate any risk and have a central data base which will ultimately enhance security.


Just to remind landlords and agents, until September 30, that carrying out a temporary adjusted check, involves:

– asking the tenant to submit a clear scanned copy or a photo of their original documents via email or using a mobile app.

– arranging a video call with the tenant – ask them to hold up the original documents to the camera and compare them against the digital copy of the documents.

– recording the date they made the check and mark it as “adjusted check undertaken on [insert date] due to Covid-19”.


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