Right to rent guide update

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