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Update: 23rd August 2021
The power to conduct right to rent checks online only without a face to face meeting has now been extended to 5 April 2022.
Right to Rent checks were introduced under the Immigration Act 2014. They require landlords, and if they have agreed in writing to do so, their agents to carry out checks to ensure that their prospective tenants are in England legally and have the right to rent.
Prior to March 2020, these right to rent checks were usually carried out in person with the prospective tenants producing not only their ID documents such as their passport but also in some cases additional documents to prove that they were in the country lawfully.
If the tenant has no time limit on his right to rent then the checks should be carried out any time prior to the tenancy commencement. However, if there is a time limit then they must be done in the 28 days before the commencement of the tenancy. In March 2020 due to Covid, the in-person checks were abandoned and landlords were permitted to request scanned documents by email and verify them via video call.
These online checks were expected to end on 31 August 2021. However, on 26th August the Home Office announced that it would be extended to 5 April 2020.
Previously, verifying lawful status for an EEA or Swiss national was simple and straightforward. However, following Brexit changes have been implemented as of 1 July which requires EEA or Swiss nationals to also provide evidence of their right to rent by producing confirmation of their settled status or some other visa.
More details can be found in the Right to Rent guide here.
However, in summary, the following nationals need to provide at the very minimum the following documents:
- British and Irish citizens – a current and valid passport or other proof of residency
- EEA and Swiss nationals – a current and valid passport along with confirmation of settled status or pre-settled status or visa.
- Nationals from other countries – a current and valid passport along with a valid visa.
EEA or Swiss nationals who have applied for their settled status may have an e-visa which they can produce on request. In the absence of an e-visa you can use the Home Office checking service but you will need to liaise with the tenant to do this.
It is important to stress that since 1 July 2021 a Registration Certificate, a document certifying permanent residence or a passport or national identity card for EEA or Swiss nationals on their own are no longer acceptable for right to rent checks.
This is a very basic guide to the right to rent checks and should not be relied on to comply with the law. A failure to carry out the checks properly can lead to a prison sentence and or a fine. Therefore it is important that the correct process is followed depending on your tenant’s nationality and if you fear that you may have not complied that you correct this sooner rather than later.
It is important to note that if a tenant fails a right to rent a landlord is only required to take action and report this to the Home Office if the tenant is already in occupation of the property. The tenant will then need to be evicted. Therefore checks before the commencement of the tenancy are always recommended as tenants can be rejected before entering into an agreement if they do not pass and nothing more needs to be done.