What procedure should I use for Right to Rent

March 24, 2022

Right to RentThe Right to Rent policy is going through somewhat of a digital revolution. There are currently three processes the Government will use to verify right to rent.  The process to be used largely depends on the status and country of origin of the tenant.

There have been significant changes that will occur on the 6 April 2022. This post looks at what the current regulations are as well as the planned changes.

The three processes currently in place are as follows:

IDSP (British and Irish Passport Holders)

Identity Service Providers (IDSPs) using Identification Document Validation Technology will be able to conduct right to rent checks on behalf of British and Irish citizens. IDSP’s will allow people to remotely validate their right to rent, which will reduce the processing time for landlords, agents and tenants.

This procedure is meant to go live on 6 April 2022. However, there are currently no valid providers due to delays in the Government’s vetting process.

Therefore, currently the procedure for the right to rent checks are in line with the Covid changes, meaning that landlords can make checks through a video call and the tenant can send scanned documents through. Tenants can also provide valid documents in face to face meetings too. Guidance can be found here.

Note that this procedure will stop on 30 September 2022, by which time hopefully IDSPs will be in operation.

Home Office Right to Rent Check (EU/international)

Most EU/EEA/Swiss citizens will have documents that prove their right to rent under the EU settlement scheme (EUSS) or a biometric resident permit which gives authorised persons a code which proves their settled status. In addition to this code, you will need the tenant’s date of birth, before using the Government’s checker here.

For those tenants who do not have a ‘share code’ you can check original visa documentation. You can find a list of all valid original documents here.

Note: Biometric residence permits and passes (BRP’s) after the 6 April will not confirm a tenants right to work or rent. The digitalisation of the process is forming and tenants will now need to prove their right to rent online using the service found here.

Home Office Landlord Checking Service (additional verification required)

The Home office provide a right to rent check if after looking at their documentation, additional verification is required. This is likely due to the application still being processed by the home office or the home office is holding the prospective tenants documents.

If this is the case, then you can request a right to rent check by the home office. The Form can be found here. The Government in their guidance write that a landlord will get an answer within two working days.

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