Right to Rent changes for England’s landlords from October

Landlords in England who use digital verification services for Right to Rent checks must choose registered providers under a revised code taking effect on 1 October.

However, tenants cannot be disadvantaged for choosing acceptable paper documents instead.

The revised Home Office codes cover checking procedures and avoiding unlawful discrimination.

They update guidance on digital evidence, facial recognition and the treatment of applicants whose immigration status requires further checks.

Fair treatment rules

The Home Office’s discrimination code states: “Individuals must not be treated less favourably because a different right to rent checking route is required.”

It also warns landlords against favouring applicants simply because their status is easier to verify.

Those with a time-limited right to rent must receive equal treatment once they have demonstrated their entitlement, even where follow-up checks are necessary.

Nor should landlords insist on digital evidence from people who cannot use the Home Office online service.

Digital checking requirements

A digital verification provider must appear on the government register with confirmation that it can conduct right to rent checks.

Using such a provider remains optional, with other permitted checking methods still available.

Where facial recognition fails, landlords must give the applicant a reasonable opportunity to verify their identity.

For tenants with eVisas, landlords must use the Home Office online checking service, although the Landlord Checking Service can help where technical problems prevent verification.

Avoiding discrimination claims

Checks should be applied consistently, including to applicants whom landlords believe are British.

The code warns against assumptions based on someone’s accent, nationality, colour or ethnic origins.

Subject to business requirements, landlords should, where possible, keep an accommodation offer open for a reasonable period while an applicant obtains evidence of their right to rent.

Anyone alleging unlawful discrimination by a landlord or prospective landlord can bring a complaint before a county court.