Emergency right to rent changes to end

Changes to right to rent checks, introduced in response to the covid-19 pandemic will end next month.

With infections rates now falling and the country opening up once again the emergency measures will end on May 16th.

Prior to the pandemic a landlord had to meet all of the prospective occupiers in person and check  one or two original documents from two lists set out by Government.

If the landlord was satisfied the original documents were genuine, and identified the tenant, they kept a photocopy or photograph of the documents and were then free to sign a tenancy agreement with the tenants. They were also required to keep the copies until 12 months after the tenant left.

Right to rent during the pandemic

This requirement changed during the pandemic to minimise face-to-face meetings. As of March 30 last year the Government allowed right to rent checks to performed by:

  • Asking any prospective adult occupier to submit a scanned copy or a photo of their original documents from Lists A or B  via email or using a mobile app.
  • Arranging a video call with the prospective occupier and asking them to hold up the document on screen to check against the copy you were sent.
  • Recording the date you made the check and marking a copy of the scanned document with the phrase “an adjusted check has been undertaken on [insert date] due to COVID-19” if you are satisfied the tenant has a right to rent.

Right to rent after the pandemic

These chekcs will come to an end on May 16th and the original (pre-Covid) checks will need to be made once again. Alternatively landlords can use the new digital system set up by the Government during the pandemic. (see below)

If a landlord performed a right to rent check online during the pandemic, the original plan was that they would need to carry out follow up checks in person once the pandemic ended.

However due to the length of the temporary restrictions, this plan has now been scrapped and landlords will not be expected to do follow-up checks.

Now, as of 17 May 2021, landlords will once again have to meet with their prospective tenants in person and check their right to rent status by looking at the original documents.

To help landlords record these checks, the NRLA will be publishing a right to rent identification form closer to 17 May. It will be available for members on our right to rent resource page.

Checking right to rent digitally

During the pandemic, the Government introduced a new way to check right to rent digitally. This WILL continue after 17 May and landlords should continue to use the system wherever possible.

Entrants to the UK will be able to enter their details, including a photograph on the Government's online checking site. They can then give access to the landlord or their agent by providing their 'share code' and date of birth.

To establish right to rent in these cases, once the landlord has the access details, they will have to visit https://www.gov.uk/view-right-to-rent and verify the identity of the prospective tenant against the details available on their page.