How to carry out a Right to Rent check during the Coronavirus restrictions
On 30 March 2020, the Home Office issued guidance to adjust the standard right to rent check requirements during the COVID pandemic.
The acceptable process for undertaking a check had been adjusted to enable it to be carried out safely and in accordance with the public health guidance in place to reduce the spread of the Coronavirus.
These provisions will end on 30 September 2022.
It is important to keep a record of all checks carried using the adjusted process. Landlords are not required to conduct retrospective checks to adjusted checks done during the approved dates. Landlords will maintain a statutory excuse against civil penalty for checks undertaken during this period if they were done in the prescribed manner or set out in the COVID-19 adjusted checks guidance.
Once the adjusted checks measures end on 30 September 2022 (inclusive), Landlords will be required to conduct standard checks in accordance with the process set out in the Right to rent immigration checks: landlords’ code of practice and right to rent document checks: a user guide.
Landlords should be aware that as of 6 April 2022, right to rent checks can no longer be carried out using a tenant’s Biometric Residence Permit (BRP) or Biometric Residence Card (BRC). Tenants with BRPs, BRCs, permission under the EU Settlement Scheme or the points-based immigration system must evidence their right to rent by generating a share code and giving the landlord permission to carry out the check via the Home Office’s right to rent service. You will no longer be able to accept physical cards for the purposes of a right to rent check even if it shows a later expiry date.
If you would like to talk through the consequences for your business, call our Coronavirus Helpline on 0330 134 0199 for a free consultation (on appropriate commercial enquiries only) or e-mail us and one of our Helpline team will get in touch.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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