Right to Rent Checks Update From 1 October 2022
During the coronavirus pandemic, right-to-rent identification checks could be done using a digital copy of the applicant's acceptable documents. The person granting the occupation could then check the person's ID via live video call.
From 01 October 2022, the digital documents element of this process is no longer permitted. An applicant must now provide the original document in person to the agent or landlord to complete the id check, but this can still be done via a video call.
We recommend that non-British or Irish applicants apply for a share code, and then along with their date of birth, an id check can be carried out using the Home Office Checking Service.
A prospective tenant can create a unique 9-character long share code which can be provided to the landlord. Once the landlord enters the right to rent share code and their date of birth, you can access the necessary information to validate your right to rent.
It is important to note that share codes are valid for 90 calendar days from the date they are issued and can be used multiple times within that timeframe. However, it is crucial only to use share codes for their intended purpose. Share codes beginning with the letter 'R' are designed for tenants to prove their right to rent. Landlords cannot accept share codes that start with 'W' or 'S' as these are reserved for other services.
Please see this link for Home Office right to rent share code information.
For clarity from 1 October 2022, landlords must carry out one of the prescribed checks as set out in the Landlord's guide to right to rent checks before the tenancy agreement commences:
- a manual right to rent check;
- an examination using IDVT via the services of an identity service provider (IDSP); or
- a Home Office online share code check.
There is no requirement to carry out retrospective checks on those who had a COVID-19 adjusted check between 30 March 2020 and 30 September 2022. You will maintain a defence against a civil penalty if the assessment you have undertaken between 30 March 2020 and 30 September 2022 was done in the prescribed standard manner or as set out in the COVID-19 adjusted checks guidance.
This link is for Digital identity certification for the right to work, right to rent and criminal record check guidance.
Homes for Ukraine Scheme
Ukrainians with a valid Ukrainian passport can apply for permission to enter the UK without attending an overseas Visa Application Centre (VAC) to submit biometrics.
Upon arrival in the UK, Border Force stamps the passport with permission to enter the UK, valid for six months with no restrictions on taking employment, renting a home or recourse to public funds - Leave Outside the Rules (LOTR). Those granted LOTR for six months must obtain a Biometric Residence Permit (BRP), which will be endorsed with up to 36 months' permission to stay.
Suppose a landlord manually checks the stamp or visa in their valid Ukrainian passport and records it correctly. In that case, this will give them a time-limited statutory excuse to rent a home.
Landlords must conduct a follow-up right to rent check when the individual's previous permission ends. All Ukrainian nationals arriving under the Schemes should obtain a BRP granting them up to 3 years (36 months) of leave. BRP holders must use the Home Office online checking service to prove their right to rent in the UK.
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View Related Handbook Page
Immigration Act and Right to Rent
All landlords and agents need to check the identity of all prospective occupiers. Copies of the documents obtained will need to be securely stored. Landlords and agents must not authorise an adult to occupy a property where the adult is not a national of the UK and Colonies or Republic of Ireland, AND who does not have the right to enter or remain in the UK unless the prescribed requirements have been complied with.