Landlords and lettings agents may have only just become familiar with the Renter’s Rights Act changes but there is a new deadline to prepare for.
The Home Office has set out new guidance on Right to Rent checks to that will apply from 1 October in an effort to ensure that only those lawfully present in the UK can access the private rented sector and to prevent exploitation of migrants.
On top of Equality Act rules, the Home Office guidance highlights that landlords can’t discriminate against a potential tenant based on where they are from or how they prover their right to rent.
The Home Office highlights that tenants can use an approved Right to Rent digital verification service provider (RtR DVSP) to confirm their right to rent status.
THE RIGHT CHECKS
But landlords and lettings agents cannot treat individuals inconsistently on account of how they evidence their right to rent and must not favour those whose status is easier to verify.
The guidance says: “Depending on the documents they hold, some individuals can use the Home Office online service, while others cannot. Neither group should be discriminated against or treated differently.
“Landlords and letting agents must not discriminate based upon the type of right to rent check which is required. For instance, a British or Irish citizen may decide that they do not want to use a RtR DVSP for digital identity verification and present physical documents instead. This choice must not lead to less favourable treatment.
“Prospective tenants should not be treated more or less favourably if they have an eVisa. Landlords and letting agents cannot, for example, insist on digital evidence and refuse to carry out manual checks on those who cannot use the Home Office online checking service.”
NO ASSUMPTIONS
Additionally, landlords and lettings agents must not make assumptions about a person’s right to rent, or their immigration status on the basis of their colour, nationality, ethnic or national origins, accent or length of time they have been resident in the UK.
There will be penalties of up to £20,000 for those who fail to comply.
The Home Office says: “The Right to Rent scheme was introduced to ensure only those lawfully present in the UK can access the private rented sector, and to prevent exploitation of vulnerable migrants by unscrupulous landlords and letting agents. It helps to ensure that individuals without the right to be in the UK cannot establish a settled life here.”
