Right to rent guide update

Right to rent guide update

9:57 AM, 16th November 2023, About 7 months ago 11

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The Home Office has issued an update to the Right to Rent guide for landlords and letting agents.

The sixth version of the guide comes into force alongside the Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023 and the Immigration (Restrictions on Employment and Residential Accommodation) (Codes of Practice) (Amendment) Order 2023.

All landlords and their agents in England have a legal responsibility under the Immigration Act 2014 legislation to prevent those without lawful immigration status from accessing the private rented sector.

Unlawful to discriminate

The updated version gives guidance to landlords on how to avoid discrimination when conducting checks.

The guide states: “It is unlawful to discriminate against individuals on grounds of protected characteristics, including race, when entering into residential tenancy agreements.

“Landlords should apply checks to all occupiers, whether or not they may already believe the occupiers to be legally in the UK.”

Online right to rent checks

The Home Office says landlords must complete one of these checks before commencing a tenancy:

  1. A manual right to rent check (all citizens);
  2. A right to rent check using Identity Document Validation Technology (IDVT) via the services of an Identity Service Provider (IDSP) (British and Irish citizens only);
  3. A Home Office online right to rent check (non-British and non-Irish Citizens).

The Home Office is issuing eVisas rather than issuing physical documents as proof of an individual’s immigration status. This means those individuals will only be able to evidence their right to rent using the Home Office online service.

The Home Office online right-to-rent service sets out what information and/or documentation is needed in order to access the service. However, it will not be possible to conduct an online right to rent check in all circumstances.

The Home Office say if an online check is not possible, landlords should conduct a manual right-to-rent check instead.

The full updated version of the guide can be viewed here


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Comments

Martin Hicks

10:25 AM, 16th November 2023, About 7 months ago

As this latest version is headed DRAFT, I assume that it is not yet necessary to provide a copy to tenants until it is finalised?
The ink is hardly dry on the previous one!

JaSam

12:23 PM, 16th November 2023, About 7 months ago

Not aware you need to provide a copy of this to tenants? I know you have to supply “how to rent” guide.

NewYorkie

12:52 PM, 16th November 2023, About 7 months ago

Reply to the comment left by JaSam at 16/11/2023 - 12:23
Agree.

Martin Hicks

13:07 PM, 16th November 2023, About 7 months ago

OK. I stand corrected!

Blodwyn

10:42 AM, 19th March 2024, About 3 months ago

It seems to me as a lawyer with no experience of this sector that too many regulations or whatever are made on the hoof with little thought as to how they WILL work as opposed to how thay are WANTED to work? Otherwise, this thread would not exist? Time to pester an MP, preferably one with a brain and some spine?

NewYorkie

12:29 PM, 19th March 2024, About 3 months ago

Reply to the comment left by Blodwyn at 19/03/2024 - 10:42
Good luck finding one of those!

GlanACC

13:45 PM, 19th March 2024, About 3 months ago

Doesn't matter what it says, you can easily reject anyone as there will be so many applicants for a property all you have to do is say the candidate you have chosen was a better option. This means it is easy to reject housing benefit applicants, single mothers, immigrants that you need to check etc. Don't like the look of someone, reject them

northern landlord

14:58 PM, 19th March 2024, About 3 months ago

Reply to the comment left by GlanACC at 19/03/2024 - 13:45
Quite right, all this right to rent stuff is just designed to discourage illegal migrants from coming here by making things harder for them. In truth, there are probably many rogue landlords who will house them in sub-standard houses or back garden shed properties anyway.
Why make a decent landlord be an unpaid immigration officer? Perhaps anybody who wants to rent a property, even UK citizens born here should have to apply for a renter’s licence of some sort before they can rent a property, let the Government sort it for a fee. This will establish the right of a person to rent, then it is up to the individual landlord to decide if they will actually invite any particular tenant to live in what is the landlords own private property.

GlanACC

15:47 PM, 19th March 2024, About 3 months ago

Reply to the comment left by northern landlord at 19/03/2024 - 14:58
Not a bad idea, get the government to issue each citizen with a creditworthy and socially acceptable certificate. Can't get a rented property without one

NewYorkie

17:20 PM, 19th March 2024, About 3 months ago

With the ability for AI to provide very credible fake documents, I can't see how anyone can be certain of an applicant's status. We need biometric ID cards, which can be checked on a government website.

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