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Temporary Changes in Place until 05 April 2022

September 2021

Last week the Government announced that the use of temporary adjusted right to rent checks (which were due to expire on the 31 August 2021), is being extended until 05 April 2022.

The reason for the extension is to allow landlords and agents flexibility to work from home and minimise unnecessary contact.

The following temporary changes remain in place until 05 April 2022 (inclusive):

1. Agents and landlords are permitted to conduct right to rent checks via video call;

2. Agents and landlords can receive scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals; and

3. Agents and landlords should record the date they made the check and mark the document “an adjusted check has been undertaken on [insert date] due to COVID-19”.

4. Landlords and agents should use the Home Office Landlord Checking Service if a prospective or existing tenant cannot provide any of the accepted documents.

Further information about these temporary measures can be found here.

Landlords and agents must continue to carry out checks. It is an offence to knowingly rent to a person who does not have the right to rent in the UK. You will maintain a defence against a civil penalty if the check you have undertaken during the 30 March 2020 and 05 April 2022 was done in the prescribed standard manner or as set out in the Covid-19 adjusted checks guidance.

The Right to Rent Checklists for Landlords and Agents have been updated to take account of the extension.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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