• Sectors

Covid-19 update for landlords: right to rent checks can now be done remotely

April 9, 2020

The Home Office released updated guidance on 30 March in respect of right to rent checks during the coronavirus pandemic. These can now be done remotely, rather than in person. 

Residential landlords are required to check that a tenant can legally rent in the UK if the tenancy began on or after 1 December 2014. Tenants aged 18 or over (whether named in a tenancy agreement or not) must be checked if they are using the property as their main or sole home. There are some exceptions to this, such as leases of seven years or more and tied accommodation.

As of 30 March, landlords are temporarily not required to see a tenant’s original document and meet in person in order to carry out a compliant right to rent check. Landlords can now request that tenants send their document electronically and carry out the check over video call, instead of in person. This is not a permanent change and landlords will be required to check original documents in the normal way retrospectively, once Covid-19 measures end.

Landlords should still ensure they are checking prescribed acceptable documents that evidence the right to rent, listed in the right to rent check guidance

To carry out a remote check

  1. Ask the tenant to submit a scanned copy or a photo of their original documents via email or using a mobile app
  2. Arrange a video call with the tenant – ask them to hold up the original documents to the camera and check them against the digital copy of the documents
  3. Record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to Covid-19”

The Landlord’s Checking Service should still be used if the tenant cannot show their documents.

Once the Covid-19 measures end landlords must carry out retrospective checks on all tenants whose documents were checked under the temporary measures. The retrospective check must be made within eight weeks of the measures ending. Records of both checks must be kept on file.

Please get in touch with our immigration team if you require advice on how to carry out a compliant check and to ensure checked documents confer the right to rent on a tenant.

Articles and commentary by our legal experts on the impact of Covid-19 are all available here.


Related pages:

Business immigration more

Experts on the human side of enterprise more

Real Estate more


For more information

 image

Phillip Hope
Partner
Direct dial: +44 (0)7771 834 199
phope@foxwilliams.com

 image

Adèle Standard
Associate
Direct dial: +44 (0)7736 135 316
astandard@foxwilliams.com

Accreditations

  • Top Ranked Chambers UK 2014 - Leading Firm
  • Ranked in Chambers Europe 2013 - Leading Individual
  • Ranked in Chambers Global 2014 - Leading Firm
  • Legal 500 - Leading Firm
  • The Lawyer UK 200 - Listed Firm
  • The Law Society Excellence Awards 2012 - Shortlisted
  • Investors in People - Bronze