England’s landlords remain responsible for verifying tenants’ identities when using digital Right to Rent (RtR) services under the code which takes effect from 1 October.
A provider’s confirmation does not, by itself, complete the landlord’s checks, the government’s advice insists.
The Home Office code requires landlords to establish that the photograph and personal details supplied match the prospective occupier.
Evidence must also be retained throughout the tenancy and for one year afterwards.
Digital checks integration
Goodlord’s director of referencing, Nishma Parekh, said: “The new Right to Rent rules add another layer of complexity for agents who are still getting to grips with the Renters’ Rights Act.
“We’ve integrated IDVT and RtR into referencing, so the checks happen in one place, and agents know from day one that their process meets the new government standard.”
She added: “It’s set to take a lot of admin off agents’ plates.
“Manual ID checks are slow and often mean getting tenants into the office.”
Avoiding discrimination claims
Under the code, landlords must not favour applicants simply because their right to rent might be easier to establish, or disadvantage those presenting acceptable paper documents.
Applicants with a time-limited right to rent must receive equal treatment once they have demonstrated their entitlement, even if further checks will be needed.
Where possible, and subject to business requirements, landlords should allow a reasonable period for applicants to obtain evidence, keeping the accommodation offer open while they do so.
A prospective tenant who alleges unlawful discrimination can bring a complaint before a county court.
Landlord checking duties
The code states: “The landlord remains liable for any civil penalty if there is no statutory excuse.”
Landlords who let to someone without the right to rent check and have no statutory excuse face a penalty of £10,000 per occupier, rising to £20,000 for a repeat breach within three years.
Landlords choosing a digital verification service must use a registered provider authorised for Right to Rent checks.
However, using the service remains optional.
Identity matching can take place in person, by video call or through the provider’s facial recognition technology.
Right to Rent evidence
Should facial recognition fail, applicants must receive a reasonable opportunity to verify their identity.
Landlords using that technology must retain the comparison alongside the checked document.
Meanwhile, Goodlord says its updated service combines identity verification and digital right to rent checks within referencing.
Agents can activate the checks for all references or individual applicants, with progress shown through their dashboard.
Checking tenants’ eVisas
For applicants with eVisas, landlords must use the online Home Office Right to Rent service, accessing their immigration information through a share code.
Simply viewing the information shown to the applicant on their own account is not enough.
Should a technical problem prevent the online check, landlords can seek verification through the Landlord Checking Service, where applicable.
A Positive Right to Rent Notice provides a statutory excuse for 12 months from the date specified, with another check required before that protection expires.
Landlords must follow rules
Simon Thompson, the managing director of Accommodation for Students, said: “Landlords in England need to ensure their chosen checking process covers every required step before handing over the keys.
“Outsourcing identity verification still leaves them with duties to fulfil.”
He added: “Their records must demonstrate compliance, while their approach to applicants must accommodate the different permitted ways of proving eligibility.
“For landlords managing properties themselves, that means knowing when to seek official confirmation and diarising any further checks.”
More information For more details to help landlords in England, visit the government’s Landlord’s guide to right to rent checks.
