Do Landlords need to continue checking their tenant’s right to rent?

Yes. The Home Office have published guidance to temporarily adjust right to rent checks in light of the Covid-19 pandemic.

As of 30 March 2020, the following temporary changes have been made:

  • the checks can now be carried out over video calls
  • tenants can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
  • landlords should use the Landlord’s Checking Service if a prospective or existing tenant cannot provide any of the existing documents

The Home Office’s guidance makes it clear that checks still need to be carried out but warns that individuals who cannot evidence their right to rent during this period should not be discriminated against. If a tenant cannot provide the correct documents, this should be reported to the Landlord’s checking service by email.

These temporary measures will end on 5 April 2022. After this date, landlords will revert to face to face and physical document checks as set out in legislation and guidance. You do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between 30 March 2020 and 5 April 2022 (inclusive).

If you require advice or assistance in ensuring that your right to rent checks are compliant, then you should seek specialist advice from Latitude Law about this.