Starting 1st October, landlords in England utilising digital verification for Right to Rent checks are required to select providers listed on the official government register under updated guidelines. At the same time, tenants retain the full right to use acceptable paper documents without being penalised or disadvantaged.
The newly revised Home Office codes detail proper checking protocols, digital evidence rules, facial recognition procedures, and the handling of applicants who need further immigration checks, all while emphasising the strict prevention of unlawful discrimination.
Fair Treatment & Non-Discrimination
- Equal Access: Landlords are explicitly prohibited from treating individuals less favourably simply because a specific checking route is required.
- No Route Preference: Applicants should not be favoured or turned away based on how easy their immigration status is to verify.
- Time-Limited Status: Once tenants with a time-limited right to rent prove their eligibility, they must receive identical treatment to others, even if follow-up checks are scheduled.
- Paper Choice: Landlords must never pressure or insist on digital evidence from individuals who are unable to use the Home Office online system.
- Consistent Standards: Checks must be applied uniformly, including to prospective tenants assumed to be British, avoiding any assumptions tied to accent, skin colour, nationality, or ethnic origin.
- Holding Offers: Where reasonably practicable, landlords should keep an accommodation offer open for a sensible timeframe while applicants gather their paperwork.
- Legal Recourse: Anyone who believes they have faced unlawful discrimination from a landlord can pursue a formal complaint through the county court system.
Digital Verification & Practical Steps
- Registered Providers Only: Any digital ID service provider used must be officially confirmed and listed on the government register for conducting Right to Rent checks.
- Optional Choice: Utilising a digital provider is entirely voluntary; traditional checking methods remain fully valid.
- Facial Recognition Issues: If automated facial recognition checks fail, landlords must provide the applicant a fair and reasonable alternative opportunity to verify their identity.
- Handling eVisas: Landlords must rely on the Home Office online checking service for tenants with eVisas. If technical glitches block verification, the Landlord Checking Service is available to assist.
Staying compliant with evolving legislation can be a balancing act. If you want to bypass the hassle of regulatory updates, compliance checks, and void periods entirely, discover how Elliot Leigh Guaranteed Rent can secure your rental income month after month.
Sources:
Right to Rent changes for England’s landlords from October
