New regulations being implemented on 25 November 2020 will allow non-UK nationals in England to evidence their status for Right to Rent through a digital Home Office check and reduce letting agent workloads. Going forwards, the new system will mean that these digital checks specifically, can be conducted permanently via video call, with no need for letting agents to review documents.
The system will clearly display whether follow up checks are required and provide a record of the check for the agent to store. Some additional checks will still require documents from letting agents, as not everyone will currently have an immigration status that can be checked online. Therefore, agents must be prepared to continue conducting traditional checks involving the original documents.
Digital Checks Required
Groups that may present you with a share code for a digital check are:
- Non-EEA nationals with a current biometric resident permit or card;
- EEA nationals and their family members with status granted under the EU Settlement Scheme;
- Those with status under the points-based immigration system;
The Home Office has updated the existing Code of Practice, and these include reference to the status of visitor nationals – known as B5JSSK nationals – from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA, which were introduced in July 2019.
A new Short Guide to Right to Rent has also been published, within which, the existing visual reference tool designed to provide examples of relevant identity documents has also been updated.
Where can a tenant/applicant obtain a ‘share code’?
The share code for these new digital checks for tenants/applicants to use can be created via the following link: https://www.gov.uk/prove-right-to-rent
Where can I view a tenant’s/applicant’s right to rent?
You will be able to view a tenant’s/applicant’s right to rent via the following link: https://www.gov.uk/view-right-to-rent
What about Brexit?
Brexit is another external force which may yet have an impact on how these checks take place and the criteria which applicants should meet. Before the UK’s transition period comes to an end, we will continue the right to rent checks with nationals of the European Union as per the current requirements. EU, EEA and Swiss citizens living in the UK by 31 December 2020 will have until 30 June 2021 to apply for the EU Settlement Scheme.
Until this deadline, landlords can accept passports and national identity cards of citizens from these areas as evidence of their right to rent during this period. After this period, the government has announced a new points-based immigration system to come into force on 1 January 2021, which will require proof of a job offer at the required skill level from an approved sponsor, and that they speak English. However, the right to rent checks have still not been explicitly defined after the deadline for the EU Settlement Scheme passes.
If you would like to find out more information regarding these changes, please complete the below contact form and a member of our team will be in touch.