What Landlords Need to Know About the Updated Right to Rent Checks I The Property Fox Leicester
Posted on 16th May 2023
As a landlord or letting agent, you have an obligation to carry out right to rent checks on potential tenants to ensure that they are allowed to rent in the UK.
These checks are an essential part of the tenancy agreement process, and failure to carry them out correctly could result in hefty fines or even imprisonment.
The good news is that the right to rent checks have been updated to make the process clearer and more efficient.
In this blog post, we will go through everything you need to know about the changes, so you can make sure you are carrying out the correct checks.
From 1 October 2022, landlords must carry out one of the prescribed checks as set out in the Landlord's guide to right to rent checks before the tenancy agreement commences.
There are three options available: a manual right to rent check, an examination using IDVT via the services of an identity service provider (IDSP), or a Home Office online share code check.
Let's take a closer look at these options:
1. Manual Right to Rent Check:
This is the standard check that most landlords are familiar with.
You will need to physically check the tenant's documents to confirm their identity and right to rent in the UK.
You will need to keep a copy of these documents for your records.
2. Examination Using IDVT via an IDSP:
This option involves using an identity service provider to conduct the check for you.
You will need to provide the necessary information to the provider, who will then conduct the check using electronic means.
This option is particularly useful if you are dealing with tenants who are unable to meet you in person.
3. Home Office Online Share Code Check:
This option allows you to check the tenant's right to rent status online using a share code provided by the tenant.
This option is particularly useful if you are dealing with overseas tenants, as it allows you to conduct the check without having to physically meet the tenant.
It is worth noting that from 1 October 2022, these are the only acceptable ways to carry out a right to rent check.
Failure to follow these procedures could result in hefty fines or legal action against you as the landlord.
However, there is some good news for landlords who carried out COVID-19 adjusted checks between 30 March 2020 and 30 September 2022.
There is no requirement to carry out retrospective checks on those who had a COVID-19 adjusted check.
This means that if you carried out a check during this period, you will not need to carry out another check until the tenancy agreement is up for renewal.
If you would like any further advice, please don't hesitate to contact us, we are more than happy to help!
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