Landlords in Northamptonshire: Get ready for Right to Rent changes

The 6^th of April is fast approaching, and new laws are set to be introduced on that date that will affect landlords in Northamptonshire.

If you rent out your property in Northamptonshire, you need to get ready for the new Right to Rent changes in order to avoid being fined. So, read on, and learn everything you need to know about this new legislation.

The New Laws

When the new tax year begins on the 6th April 2022, new laws are going to be introduced. This new legislation will require all landlords in England to determine all prospective adult renters’ immigration statuses before leasing them the property using a newly digitised government system.

Because of the global COVID-19 pandemic, temporary adjustments have been put in place to this checking system. This was due to end on the 5th April 2022, however, the end date for the temporary adjusted checks has now been deferred to 30 September 2022 (inclusive). The decision to defer the date following the positive feedback that has been received following the government’s announcement enabling landlords to use Identification Document Validation Technology (IDVT) to carry out digital checks on behalf of British and Irish citizens who hold a valid passport, from 6 April 2022.

You can read further information on the Digital identity certification for right to work, right to rent and criminal record checks page.

Deferring the end date of the adjusted checks to 30 September 2022 ensures landlords have 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.

The decision also provides the opportunity for landlords to put measures in place to enable face-to-face document checks if they do not wish to adopt digital checks for British and Irish citizens with a valid passport (or Irish passport card).

From the 1st of October 2022, these adjustments will end, and checks will no longer be able to be carried out via a video call. Non-compliance penalties are steep, ranging from £1000 for a first offence right up to an unlimited fine and even a jail sentence.

Landlords and letting agents can visit the Gov.UK website to use its Right To Rent Online Checking Service to view any prospective or existing tenants’ statuses. No physical documents will need to be checked.

As of the 6th April 2022, lettings agents and landlords must use this online Right To Rent Checking Service for holders of Biometric Residence Cards and Permits.

Which Checks Must Be Carried Out?

After the 6^th April 2022, landlords and lettings agents in Northamptonshire will no longer be permitted to accept somebody’s Biometric Residence Permit or Card to carry out a manual check for Right To Rent. However, no retrospective checks are required for cardholders who have used their physical document previously to prove that they have a Right to Rent.

Nevertheless, if letting agents and landlords do decide to carry out an online check retrospectively on a tenant and discover that one of their existing tenants no longer have the Right to Rent, a report must be made using an online form to the Home Office in order to maintain their statutory excuse against prosecution.

From this date, too, letting agents and landlords in Northamptonshire will be permitted to use providers of certified ID document validation technology services to execute a digital check on Irish or British citizens holding a valid British passport or an Irish passport card.

The reason for this change lies in the government’s aim to move away from their current system which is heavily reliant on tenants proving that they have a Rent to Rent by providing physical documentation, and to move towards a system that is more streamlined and digital.

With only three months left to go until the changes become law, agents and landlords must ensure that they are up-to-date with the requirements, and make certain that they have a clear understanding of the impact on them and their tenancies as they go forward into the next tax year.

Chelton Brown are your local property experts for the Northamptonshire area.

If you are a landlord in Northamptonshire, call us on 01604 603433 or email admin@cheltonbrown.co.uk for advice.