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The Latest Position in England

April 2021

The temporary adjustments relating to right to rent checks in England are to end on the 16 May 2021.

Last year the Government introduced temporary adjustments to make it easier for landlords and agents in England to carry out right to rent checks during the Covid-19 pandemic, further details available here . These adjusted checks can be used up until the 16 May 2021.

Following the Government’s roadmap to ease lockdown restrictions; from the 17 May 2021, landlords or agents must either:

1. Check the applicant’s original documents; or

2. Check the applicant’s right to rent online (if the applicant has given their share code).

Landlords and agents will no longer be required to carry out a retrospective check on those tenants who had a Covid-19 adjusted check between 30 March and 16 May 2021 (inclusive) as was suggested in previous Government guidance. The Government guidance has been updated and a link to the guidance 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. The landlord or agent will maintain a defence against a civil penalty if the check they have undertaken during 30 March 2020 and 16 May 2021 (inclusive) 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 end of the temporary arrangements to the right to rent scheme.

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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