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Last week Boris Johnson announced that the government would be delaying the long-awaited Covid ‘Freedom Day’ until the 19th of July. As a result of this, the government has decided to extend the emergency guidance on right to rent checks in England.
The emergency measures were set to expire on the 21st of June; however, they have now been prolonged until at least the 31st of August. This means that landlords will continue to be able to accept digital/scanned documents and verify such documents using online video identity checks.
The Home Office says this will ensure both landlords and letting agents will have sufficient notice to put measures in place which can enable face-to-face document checks.
What Is the Updated Guidance On Right To Rent Checks?
Irrespective of Coronavirus, it is still a legal requirement for landlords to check their tenants right to reside in the UK, prior to commencing a tenancy. What has changed is the way in which these checks can be carried out.
Prior to the current pandemic, landlords were required to check physical documentation face-to-face with the tenant. However, given the nature of Coronavirus, physical checks are no longer essential. In March 2020, the government announced updated guidance which allowed landlords to conduct socially distanced checks. The government website highlights the following amendments for adjusted right to rent checks:
- checks can be carried out over video calls
- tenants can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
- landlords should use the Landlord Checking Service if a prospective or existing tenant cannot provide any of the accepted documents
If landlords choose to carry out the temporary adjusted checks, they must still ensure that they stringently follow the updated guidance:
- Tenants must be asked to submit a scanned copy or photo of their original documents from two lists (A or B).
- Landlords must carry out a video call with the tenant. On the call, the tenant must be asked to hold up the original documents to the camera so that they can be checked against the scanned copies.
- Landlords must record the date of the adjusted check and mark any documents as “adjusted check undertaken on [insert date] due to Covid-19”.
From the 1st of September, landlords and letting agents will be expected to return to physically checking documents as per the original pre-Coronavirus right to rent guidance. Scanned or image copies of original documents will no longer be accepted.
Are Retrospective Right to Rent Checks Required?
Whilst the government did initially plan to include retrospective checks, such plans have since been abandoned due to the length of time that emergency measures have been in place. As such, there is no requirement to carry out retrospective checks on tenancies arranged between the 30th of March 2020 and the 31st of August 2021.
What If a Tenancy Begins After the Deadline?
Landlords who have tenancies beginning on or after the 1st of September can still conduct adjusted right to rent checks. So long as the check is carried out on or before the 31st of August, landlords can use the adjusted procedure, even if the tenancy starts after this date.
The Home Office highlights that landlords are still obliged to ensure the security and integrity of their right to rent checks. Additionally, if there is the opportunity to safely conduct standard (face-to-face) right to rent checks prior to the deadline, it is advised that this may be worth considering.
Disclaimer: This ‘Landlord Vision’ blog post is produced for general guidance only, and professional advice should be sought before any decision is made. Nothing in this post should be construed as the giving of advice. Individual circumstances can vary and therefore no responsibility can be accepted by the contributors or the publisher, Landlord Vision Ltd, for any action not taken, or any decision made to refrain from action, by any readers of this post. All rights reserved. No part of this post may be reproduced or transmitted in any form or by any means. To the fullest extent permitted by law, the contributors and Landlord Vision do not accept liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising from using this post.
