RIGHT TO RENT (post Sept 2022) and open rent workflow!

Since the start of October 2022 COVID era exemptions have ended and Landlords and Tenants need to comply with some new extended Right to Rent requirements.

Every Landlord must check ALL new tenants have a right to rent.
It is easyish when they are UK nationals - just see a passport or Birth certificate etc (but you still need to do it and keep evidence)
For those with non UK nationality it is a bit more significant. We need to find out what evidence they are relying on and now need to see documents in person- or get the SHARE CODE (and copy documents - thank goodness for smartphone scanning !)

Most Landlords won’t want to go through setting up a tenancy, and accepting a holding deposit and excluding other enquiries until they know the prospective tenant can legally be given the tenancy…

It would be nice if Openrent could ask tenant what evidence they are relying on to prove right to rent - and if the share code to enter it - or if other documents to upload them… We still need to see the physical documents.

Because of where I rent I am getting lots of applications from non UK citizens but I have no idea if they have right to rent - could a question about evidencing right to reside in UK and to rent be made part or screening.

Are there any legal issues for landlords or their agents like Openrent with taking and retaining a holding deposit before even checking a tenant has right to rent. What happens if they fail that check ?

I real think this needs to be built in to the Open rent Workflow.

What do Landlords and Open rent staff think! I reckon it could be a real selling point .

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Unless it can be shown that a tenant lied about either their R2R or any other question the landlord needs to ascertain, (such as whether they have any CCJs/rent arrears etc) prior to the holding deposit being taken, then it would need to be refunded if the tenant failed the referencing. Although I have very rarely taken a holding deposit, I still always ask the tenant to complete a detailed application form as soon as they have been selected.

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Sounds like a good suggestion to me for Openrent to seek bona fide evidence of a prospective tenant’s R2R before they are allowed to make any enquiry through the website.

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