Propertymark is urging letting agents to ‘get ahead of the game’ and assess what impact the gvernment’s plans to digitise the immigration system with legislative changes will have on their business.
The legislative changes to Right to Rent checks, due to come into force on 6 April 2022, is expected to have a major impact on a number of letting agents and landlords in England.
The temporary adjustments to Right to Rent checks due to the pandemic will end on 5 April 2022.
Until this date, checks can continue to be carried out over video calls. Additionally, tenants can send scanned documents or a photo of documents for checks using email or a mobile app. If a prospective or existing tenant cannot provide any of the accepted documents landlords and letting agents should use the Home Office Landlord Checking Service.
Letting agents and landlords can use the Right to Rent Online Checking Service on GOV.UK to view the immigration status of existing and prospective tenants. There is no need to check physical documents when using the online checking service, as information about an individual’s Right to Rent is provided in real time directly from Home Office systems.
From 6 April 2022, landlords and letting agents will need to use the Right to Rent Online Checking Service for Biometric Residence Card / Permit holders. After this date it will no longer be possible to use an individual’s Biometric Residence Card / Permit for a manual Right to Rent check. A Biometric Residence Permit is proof of the holder’s right to stay, work or study in the UK.
Retrospective checks will not be required on Biometric Residence Card holders who, before 6 April 2022, used a physical document to demonstrate their Right to Rent. However, if landlords and letting agents choose to undertake a retrospective online check and identify that an existing tenant no longer has a Right to Rent, landlords and letting agents must make a report to the Home Office using the online form, to maintain a statutory excuse against prosecution and comply with the rules.
In addition, from 6 April 2022 landlords and letting agents will be able to use certified Identification Document Validation Technology (IDVT) service providers to carry out digital checks on behalf of British and Irish citizens who hold a valid passport (or Irish passport card).
Timothy Douglas, head of policy & campaigns, said: “The immigration system is digitising and letting agents operating in England need to be aware that the UK Government is moving away from a system reliant on individuals proving their Right to Rent through physical documents to a more streamlined, digital system. The changes are three months away and agents are urged to get ahead of the game and take the time now to understand how it will impact them going forward.”
Interesting as the procedure adopted by England with the Immigration Act 2014 has been found to be illegal and why none of the other devolved powers have the requirement. Landlords/Agents are being used as immigration officers.
The Equality Act 2010: biggest concerns for landlords is that these checks are carried out so as to not discriminate on the basis of the protected characteristic of race or racial grounds, including ‘colour, nationality, and ethnic or national origins’. A prospective tenant who is rejected a letting on the basis of their nationality, where that individual possesses the right to reside in the UK, may bring a discrimination claim against the landlord or agent with liability to uncapped damages.
It is suggested many a landlord exclude (discriminate) out of hand if a foreign national applies. Bit like the DSS fiasco. Be warned, how you go about it.
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