What is the Right to Rent?

Right to Rent legally requires landlords in England to check the immigration status of the tenants that live in their properties. Right to Rent checks must be carried out before the tenancy begins.

Who has the right to rent?

Tenants have the right if they are any of the following:

• A British or Irish citizen
• Have indefinite leave to remain (ILR)
• Have refugee status or humanitarian protection
• Have settled or pre-settled status under the EU settlement scheme
• The Home Office has granted you a time-limited right to rent
• Have permission to be in the UK, for example, on a work or student visa

New Right-to-Rent Legislation

New legislation from 1 October 2022 states that landlords must carry out the prescribed checks as guidance. The new measures now replace the temporary measures put in place during the Covid-19 pandemic that said Right to Rent checks could be conducted over video calls, rather than in person.

• A manual right to rent check
• A right to rent check using IDVT Identification Document Validation Technology via the services of an identity service provider (IDSP)
• A Home Office online right to rent check

Conducting any of these checks will now provide landlords defense against a civil penalty.

Online Right To Rent Service

Landlords can check a tenant’s right to rent using the Home Office Right to Rent online scheme, the information is provided in real-time directly from the Home Office system. With this system, there is no requirement for landlords to see or check individual documents. Landlords can allow individuals to use this service and cannot discriminate against those who choose to use accepted documents to prove their right to rent.

Do I Need to Recheck Current Tenants With The New Legislation?

Landlords do not need to carry out additional checks on those who had a COVID-19 adjusted check between 30 March 2020 and 30 September 2022. These checks were conducted during Covid19, therefore it protects landlords during this difficult time. Landlords will be protected against a civil penalty if the check they have undertaken during this period was done in the prescribed standard manner or as set out in the COVID-19 adjusted checks guidance.

Urban Evolution Right To Rent Checks

Our Property Managers at Urban Evolution personally request, check and verify each relevant document to ensure the tenant legally has the right to rent. This ensures that all our landlords comply with legislation and cannot be penalised.

Visit the government’s guide and document’s to gain an understanding of the process and the range of documents needed for the updated right-to-rent checks. Click Here

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