The ultimate guide to right to rent checks

What are the temporary arrangements for checks during the COVID-19 restrictions?

Temporary changes were made to the legislation on 30 March 2020 and are scheduled to remain in place until 30 September 2022. These meant that tenants could send in scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals, and verification can be carried out using video calls.

Landlords must use the Home Office Landlord Checking Service if a prospective or existing tenant cannot provide any of the accepted documents. During this period checks continue to be necessary and landlords or their agents must continue to check the prescribed documents set out in the Landlords Guide to Right to Rent or use the Home Office Landlord Checking Service.

It remains an offence under the temporary provisions to knowingly rent to a person who does not have the right to rent in England. On checking an individual’s right to rent during the temporary COVID-19 measures, up to and including 30 September 2022, landlords must get a scanned copy or a photo of the tenant’s original documents via email or using a mobile app, and arrange a video call with the tenant. They must ask them to hold up the original documents to the camera and check them against the digital copy. They must then record the date the check was made and mark it as “adjusted check undertaken on that date due to COVID-19.

Where the tenant has a current biometric residence permit or biometric residence card, or has been granted right to rent status under the EU Settlement Scheme or the points-based immigration system, landlords can use the online right to rent service while doing a video call, but the applicant must give permission to view their details.

From 6 April 2022, all biometric card holders will evidence their right to rent using the Home Office online service only. Landlords 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.

The temporary adjustments to right to rent checks due to COVID-19 end on 30 September 2022.