According to the guidance for landlords on Right to Rent, landlords can perform a rent check online of the prospective tenants starting from 25 November 2020 to relieve the burden on Home Office. Landlords will be able to rent check for
- EEA nationals and their family members of the EU Settlement Scheme
- non-EEA nationals with biometric residence permit (BRP) or card
- people with status under the points-based immigration system
Such process was argued on leading to discrimination against migrants earlier this year, however, the Supreme Court claims the scheme lawful because its public benefits was outweighed the adverse effects on individuals.
With the provided share code and date of birth, landlords can login to a Home Office homepage (not yet live), the system then show them the immigration record of the prospective tenants, including their pictures and if they have “continuous” or “time-limited” right to rent, no physical documents are required. I may drive to the problem of privacy disclosure, hence the online check should be done in the presence of renter of by a video link.
(Sample checks from gov.uk)
The Right to Rent check guidance also warns landlords if they “enters into a tenancy agreement with someone on the basis of the online check, but it is reasonably apparent that the person in the photograph on the online service is not prospective tenant, you may be liable for a penalty if they do not have the right to rent.”
The guidance also suggests that the check results should be saved and kept securely in electronical copy or hardcopy until one year after the tenancy agreement. The copy must also be destroyed securely.
Right to Rent check guidance:
https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks