Right to Rent: new checking rules from 1 October

The Home Office has updated its Right to Rent codes of practice for England, taking effect on 1 October. The changes affect how checks are carried out and how landlords must avoid unlawful discrimination.

Landlords who use digital identity verification services must now choose a provider that appears on the government's register, with confirmation that it can carry out right to rent checks. Using digital verification remains optional. Paper checks and other permitted methods are still available, and tenants must not be treated less favourably for choosing them.

The updated guidance also covers what to do when facial recognition checks fail (the applicant must be given a reasonable opportunity to verify their identity), and states that tenants with eVisas must be checked through the Home Office online service, with the Landlord Checking Service able to help where technical problems prevent verification.

On discrimination, the guidance says checks should be applied consistently to all applicants, including those a landlord believes are British, and warns against assumptions based on accent, nationality, colour or ethnic origins.

This applies to landlords in England only.

It affects any landlord or agent who uses a digital verification service for Right to Rent checks, and anyone carrying out checks generally, since the discrimination rules apply regardless of checking method.

Landlords who only use manual document checks are less affected by the provider-registration change but still need to follow the updated discrimination guidance.

• If you use a digital verification service, confirm it appears on the government's register, with confirmation that it can carry out right to rent checks, before 1 October
• Continue to accept paper documents where an applicant prefers or needs to use them, and do not disadvantage them for this choice
• Apply the same checking process to every applicant, regardless of assumptions about nationality or status
• If facial recognition verification fails, give the applicant a reasonable opportunity to verify their identity another way
• For eVisa holders, use the Home Office online checking service, and use the Landlord Checking Service where technical problems prevent verification
• Where possible, and subject to your business requirements, keep an accommodation offer open for a reasonable period while an applicant obtains evidence of their right to rent
• Check with a solicitor if you are unsure whether your current process meets the updated discrimination code