Landlords to face new digital verification rules for Right to Rent checks

Mandatory right to rent checks for registered digital verification will come into force on 1 October.

The government has announced that secondary legislation introduced this week will make it mandatory for landlords who opt to carry out Right to Rent checks electronically to use a registered digital verification provider (RtR DVSP).

Right to Rent rules were introduced in England under the Immigration Act 2014. They require landlords to verify the immigration status of prospective tenants before a tenancy begins, ensuring they have the legal right to rent property in the UK.

Landlords have a number of options

The National Residential Landlords Association (NRLA) writes on its website that the government is keen to move to a fully digital immigration system.

The association said: “Landlords have a number of options when it comes to carrying out the checks and can either carry out a manual right to rent check, using hard copy documents, a Home Office online right to rent check or a virtual right to rent check using a RtR DVSP.

“The government is keen to move to a fully digital immigration system and started issuing eVisas in 2018. Landlords whose tenants have eVisas are able to evidence their right to rent using the Home Office online service.”

Facial recognition technology

In the government’s code of practice for landlords and agents on right to rent checks, a registered digital verification provider (RtR DVSP) can verify the following documents:

• A valid British or Irish passport, including an Irish passport card, provided it expired no more than six months ago.
• Acceptable documents from List A and List B, where they have been provided to the RtR DVSP by, or on behalf of, the issuing authority in a digital format.

The code also says RtR DVSPs can use facial recognition technology to help landlords confirm that the occupier is the same individual whose Right to Rent check has been carried out.

It adds: “If the landlord wishes to use facial recognition technology, this must be carried out using a RtR DVSP. The RtR DVSP will provide a comparison verifying the image on the document and the match to the individual. Landlords must retain a copy of this comparison securely alongside a copy of the document checked. The landlord must provide the occupier with a reasonable opportunity to verify their identity if the technology is unable to verify the images.

“You must retain a clear copy of the check for the duration of the tenancy and for one year after the tenancy has come to an end.”

As previously reported by Property118, an industry body is urging the Home Office to simplify Right to Rent guidance for landlords and letting agents.

Propertymark is calling on the government to provide a shorter checklist for landlords, arguing that the current Right to Rent guidance is “too long”.