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Sohan Sidhu, of Ellisons solicitors, has advice explains updated Home Office advice for landlords.




Landlords who let private property in England or take in lodgers could face a civil penalty if they let their property to someone who does not have the right to rent.

Landlords who carry out the required checks and retain appropriate copies will have a statutory excuse against civil penalty.

As a result of the Covid-19 pandemic, landlords have been able to carry out Right to Rent checks virtually. The Home Office has now announced that these temporary measures have been extended to April 5, 2022. From this date, the Government’s Covid-19 temporary measures will no longer be in force and landlords may be required to carry out face to face checks or use the Home Office’s online Right To Rent check service.

Sohan Sidhu, of Ellisons
Sohan Sidhu, of Ellisons

It is likely that the Home Office will issue new guidance ahead of the end of the temporary measures on April 5.

Currently, a landlord can check the Right to Rent virtually by carrying out the following procedure:

1. Asking the tenant to send a scanned copy or photo of their original documents via email or using a mobile app.

2. Arrange a video call with a tenant during which the individual can hold up the original documents to the camera and the landlord can then check them against the digital copy of the documents.

3. Record the date the landlord made the check and mark it as ‘Adjusted check undertaken on [date undertaken] due to Covid-19’.

An online Right to Rent check can be carried out if the proposed tenant is in

possession of one of the following and consents to the check being carried out:-

- A current Biometric residence permit

- A current Biometric residence card

- Status under the Home Office’s European Union Settled Status Scheme (EUSS).

- Permission to remain under the UK’s Points Based System (PBS)

Ellisons
Ellisons

-- For advice on this or any other immigration matter, contact Sohan Sidhu by email at sohan.sidhu@ellisonssolicitors.com or by telephone on 01284 763333.