The Home Office has published plans for the return of in-person Right to Rent checks from 17 May 2021.

Many agents feel that the somewhat controversial Right to Rent scheme, which requires landlords and agents to check the immigration status of their tenants, often leads landlords to discriminate against people who seem ‘foreign’, a court ruled last year.

Many agents and landlords have long argued that the policy, introduced in 2015 following a six-month trial in the Midlands, discriminates against foreign nationals, especially those who cannot easily prove their right to remain in the UK.

A spokesperson for the Home Office said: “You do not need to carry out retrospective checks on those who had a Covid-19 adjusted check between 30 March 2020 and 16 May 2021 [inclusive]. This reflects the length of time the adjusted checks have been in place and supports landlords during this difficult time.

“You will maintain a defence against a civil penalty if the check you have undertaken during this period was done in the prescribed manner or as set out in the Covid-19 adjusted checks guidance.”

ARLA Propertymark has been working with Home Office officials and lobbied the Minister and MPs on arrangements for the return of Right to Rent checks for tenancies in England.

Timothy Douglas, ARLA Propertymark’s policy and campaigns manager, commented: “We are very pleased that the Home Office has listened to our concerns about the practical barriers that would have made it impossible for letting agents in England to repeat the volume of adjusted checks carried out over the last year due to the pandemic.

“Looking forward, it’s really important as we approach the end of the Brexit transition arrangements that letting agents can focus on getting to grips with the new system for all overseas nationals. This includes the new online Right to Rent service for those with a current Biometric Residence Permit or Biometric Residence Card or those granted status under the EU Settlement Scheme or the points-based immigration system. We are grateful to the Home Office for listening to our members and taking on board input from the sector.”