Agent failed to do R2R

Landlord Discussion New Laws & Regulation Changes
1

Could you help with the present situation we have related to Permitted Occupier/Right 2 Rent validation.

Background/History

Property is fully managed by a letting agent and the same tenant has been living in the property since 2019. Two weeks ago we gave the 3 month written notice required to end the full management service and return to managing the property ourself.

In doing so we requested key data that we would require and also requested from the letting agent data that they too identified what we would need covering in the event that we should happen to inadvertently omit something.

This is where we discovered that no validation/ Right 2 Rent check had been completed by the letting agent on the PO. The tenants partner is not on the tenancy. The R2R by the agent is in their contract.

Present

We have had repeated face to face contact with the Letting Agent over the period of a week requesting that this is completed now as it is clearly non compliance and the legislation implications.

Yet this is what followed:

1. Driving licence accepted by Letting Agents as evidence for above. We declined to accept this stating it failed to meet Government guidance if presented alone and it was not shared Face to face… just email copy. We pressed for further validation.

2. Letting Agent then stated that the permitted occupier was busy so they offered APLYID digital validation. We received an email from the agent sharing that the PO had started the form but not completed. So again we visited the Letting Agent to raise concerns. In our presence admin staff phoned the PO and we were informed that the digital validation would be completed by the end of the day.

3. We have now received a copy of APLYiD but the evidence submitted is a driving licence. There is no other document used, just the driving licence. The government guidance states two documents for British Citizens. But also the email from the Letting Agent stated the evidence will meet criteria for AML (Anti Money Laundering) and R2R. I think we’re being fobbed off and very soon all legal liability will be ours.

Seeking support

1. AI search states a DL alone is not sufficient even if APLiD/AML states PASS - I’m looking for experience on this site that corroborates or disputes the AI answer.

2. What evidence should we seek?

3. What guidance can you share from the above.

4. What guidance should we follow related to potential indemnity acknowledging the Agent was at fault so how do we mitigate this once we have left the Letting Agent

2

@Sue38

Just get another agent to do the ID and right to rent checks properly

Follow the official HO guidance Landlord's guide to right to rent checks - GOV.UK

This makes clear that (providing your agreement with agent made clear they were responsible) liability for breaches was with the agent not you p13

“Once you and the agent have made a written agreement which includes the above information, the agent then takes over responsibility for the right to rent checks. The agent will also be liable for a
penalty in the event of a breach.” (Full text below)

Don’t rely on AI

Good luck

Liability

Responsibility under the Right to Rent Scheme lies with the landlord; that is the person who
authorises the occupation of accommodation by the tenant under an agreement providing for the
payment of rent. There are some circumstances in which responsibility for compliance with the
Scheme can be transferred to another person. These are outlined below under Transfer of Liability.

Transfer of Liability

Appointing an agent
You can use the services of an agent to let or manage your property.

You may appoint an agent to conduct right to rent checks on your behalf. There must be a written
agreement to make clear that:

• the agent is to be responsible for the initial right to rent check and whether or not the agent
will be responsible for any follow-up checks for those with a time-limited right to rent.
• the agent must conduct the checks within the timescales laid out in this guidance and the
code of practice on right to rent: civil penalty scheme for landlords and their agents.
• liability for civil penalties transfers to the agent, but liability cannot be transferred beyond
the agent.

Once you and the agent have made a written agreement which includes the above information, the
agent then takes over responsibility for the right to rent checks. The agent will also be liable for a
penalty in the event of a breach. The agent appointed must be acting in the course of a business
but does not have to be a letting or managing agent.

Where it is agreed in writing that the agent will be responsible for conducting the checks, they
must do this before entering into a tenancy agreement with the prospective tenants. If the
prospective tenant does not have a right to rent and the agent enters into the tenancy agreement,
they remain liable for a penalty.

If an agent establishes that the prospective tenant does not have a right to rent, they should report
this to the landlord. If a landlord then enters into a tenancy agreement with this person, then it is
the landlord who becomes liable for a penalty. In these circumstances an agent may wish to keep
written records and copies of their actions.

3

you’re looking to manage the property yourself so can’t you just pop round and do it yourself? Should take 10 seconds to confirm that the copy of the DL you’ve received matches the face of the PO. While you’re at it, you could also get them to sign your data protection form (you’ve got one, right?) and ask to see their passport. If they’ve not got one then you’ve got a bit of a runaround to prove they have R2R (see David’s link above - a lot depends on their status).

I’ve called the helpline a few times and they’re are actually helpful: 0300 790 6268

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4

Ask your tenant to “share” his and his partner’s “Right to Rent” Code, supplied by the Home Office, as you will be managing the property, from here on in. I did one last week, prior to signing up a new tenant. The website said it would need to have a current address, first, so I obtained that.

If your tenant and friend are legitimate, they will not mind doing that.

The Home Office response to my application, was that I would receive an outcome within two days.

The “pass” response arrived in my email inbox that afternoon.

Good luck.

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5

we’re dealing with british citizens here Oriel so no Home Office involvement

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