New rules for landlords on digital Right to Rent checks are being launched this autumn.

The regulations introduce a new requirement that if a landlord or letting agent chooses to carry out a digital Right to Rent check through a third-party provider, it must be a government-registered Right to Rent Digital Verification Service Provider (RtR DVSP). The updated guidance applies to all residential tenancy agreements beginning on or after 1st October in England.

However, landlords don’t have to use digital verification and can still carry out manual document checks using hard copies where permitted or use the Home Office online checking service for those with eVisas or share codes.

Tenants

Landlords have to check that all tenants over the age of 18 have a legal right to rent before they sign a tenancy agreement; failure to conduct the required checks can land them with civil penalties of up to £10,000 per occupier for a first breach and up to £20,000 per occupier for subsequent violations.

Right to Rent checks were introduced in England in 2014 to ensure only those lawfully present in the UK can access the private rented sector. The government is keen to move to a fully digital immigration system and started issuing eVisas in 2018.

Earlier this year it warned landlords and letting agents that they face legal action if they discriminate against tenants when conducting Right to Rent checks. They must not simply check the status of those who they think appear or are likely to be migrants or treat those with a time-limited right to rent, those who have access to the Home Office online checking service and those who provide a manual documentation more or less favourably.

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