GovWire

This update replaces previous guidance issued on 22 February 2022.

The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19, will end on 30 September 2022.

The end date for the temporary adjusted checks had previously been deferred to 30 September 2022. The date was deferred following the governments announcement enabling the use of Identification Document Validation Technology (IDVT) from 6 April 2022 by employers carrying out digital checks on British and Irish citizens who hold a valid passport.

Deferring the end date ensured thatinclud landlords had sufficient time to develop commercial relationships with identity service providers, make the necessary changes to their pre tenancy checking processes and carry out responsible on-boarding of their chosen provider.

It has also ensured that the right to rent scheme has continued to support long-term, post-pandemic working practices, providing sufficient time to put measures in place to enable face to face document checks if landlords do not wish to adopt digital checks for British and Irish citizens with a valid passport (or Irish passport card).

Read further information on digital identity checks.

From 1 October 2022, landlords must carry out the prescribed checks as set out in the guidance:

1. a manual right to rent check

2. a right to rent check using IDVT via the services of an identity service provider (IDSP)

3. a Home Office online right to rent check

Conducting any of these checks will provide employers with a statutory excuse which is a defence against a civil penalty.

Further information for landlords on how to conduct these checks is available on the Landlords guide to right to rent checks.

Online right to rent service

Where a right to rent check has been conducted using the Home Office right to rent online service , the information is provided in real time directly from Home Office systems and there is no requirement for landlords to see or check individual documents.

Landlords cannot insist individuals use this service or discriminate against those who choose to use accepted documents to prove their right to rent.

Retrospective checks

Landlords do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between 30 March 2020 and 30 September 2022. This reflects the length of time the adjusted checks have been in place and supports landlords during this difficult time.

Landlords will maintain a defence against a civil penalty if the check they have undertaken during this period was done in the prescribed standard manner or as set out in the COVID-19 adjusted checks guidance.

It remains an offence to knowingly rent to a person who does not have the right to rent in England.

If a tenant does not have the right documents

Landlords must contact the Home Office Landlord Checking Service if the tenant cannot provide the right documents. Once you have submitted your request to the Landlord Checking Service you will get an answer within 2 working days. You must keep this response to protect against a civil penalty.