Temporary Right to Rent Changes to End

Changes to the right to rent checks introduced in response to the COVID-19 pandemic are set to end in May 2021. Now that COVID infection rates are falling, and lockdown measures are gradually easing, it has been announced that the emergency measure will come to an end on 16^th May.

Before the pandemic, a landlord was required to meet all prospective tenants in person, and check that they were able to produce one or two original documents from two lists set out by the government.

Once satisfied that the original documents were genuine and that they adequately identified the tenant, the landlord was required to keep a copy or photograph of the documents. They were then free to finalise and sign the tenancy agreement. Once the tenant had left, the evidence would have to be retained for 12 months.

How did right to rent change during the pandemic?

Because social contact had to be measured, face to face right to rent check meetings had to be minimised.

As of 30^th March 2020, right to rent checks were allowed to be performed remotely, by asking a prospective tenant to submit a copy of their original documents via email or mobile app and then arranging a video call and asking them to display the document they’d sent in.

The remote checking procedure will come to an end on 16^th May, with the original pre-COVID right to rent checks being reinstated, meaning that landlords will need to meet in person with tenants to check their right to rent status, or use the new digital system.

Where right to rent checks were carried out during the pandemic, the original plan was that landlords would have to do follow up checks in person as soon as the restrictions came to an end. However, due to the length of the restrictions, that plan has now been shelved.

The National Residential Landlords Association (NRLA) plans to publish a right to rent identification form nearer the time which will be available to its members on its right to rent resource page.

How to check right to rent digitally

The government introduced a digital method for right to rent checks during the pandemic, which will continue from 17^th May. Landlords are encouraged to make use of this option wherever possible.

Entrants to the UK will be able to enter their details and upload a photograph onto a dedicated website, access to which can then be shared with the landlord or agent via a share code. The landlord simply enters the code, together with the tenant’s date of birth, to gain access. They can then verify the identity of the tenant against the details submitted.

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