Landlords in England will soon face new mandatory requirements when conducting digital Right to Rent checks, with secondary legislation coming into force on 1 October. The government has announced that any landlord opting to carry out these vital immigration status checks electronically will be legally required to use a registered digital verification provider (RtR DVSP).
The Right to Rent rules, established under the Immigration Act 2014, mandate that landlords verify a prospective tenant's legal right to reside in the UK before a tenancy commences. This measure aims to prevent illegal immigrants from accessing rented accommodation. Landlords currently have several options for these checks, including manual verification using physical documents, the Home Office's online service, or virtual checks facilitated by a RtR DVSP.
The shift towards mandatory digital verification for electronic checks aligns with the government's broader ambition for a fully digital immigration system. The National Residential Landlords Association (NRLA) has noted the government's keenness on this transition, highlighting that eVisas, first issued in 2018, can already be verified via the Home Office's online service. This move is intended to streamline the verification process and enhance security.
According to the government's code of practice for landlords and agents, registered digital verification providers are authorised to verify specific documents. These include valid British or Irish passports, even if expired within the last six months, and other acceptable documents from List A and List B, provided they are supplied to the RtR DVSP in a digital format by the issuing authority. Furthermore, these providers can utilise facial recognition technology to compare a prospective tenant's live image against the document, ensuring the individual is indeed the person whose right to rent is being checked. Landlords must retain copies of these comparisons securely.
While the new rules aim for greater efficiency, industry bodies have called for clearer guidance. Propertymark, for instance, has urged the Home Office to simplify the existing Right to Rent guidance, arguing that its current length is excessive and could benefit from a more concise checklist for landlords and letting agents. This indicates a potential need for further clarity as the new mandatory digital verification comes into effect.