Inventory Hive is on the road this year and we’re hearing ongoing concerns regarding right to rent from both landlords and agents. This blog highlights the common and hidden issues surrounding the Home Office legislation. After attending the London ARLA regional meeting in Brent Cross yesterday, it hit home to us just how prevalent this issue is in areas with higher concentrations of immigration.
It’s not just about the Immigration Act…
Checking the ‘right to rent’ identity documents of a prospective tenant must take place in person. Put simply, you must view the documents whilst the tenant is in front of you. Despite this, it appears many letting agents and landlords are paying over the odds to refer such checks to a referencing agency.
I often ask the question:
“Why do you outsource your right to rent checking – especially considering you need to carry out the checks on every occupant over 18?”
It appears that agents and landlords believe they’re expected to become experts on all types of identify documents from around the world. Thankfully this is not the case. The documents should undergo certain visual checks though. Such as, making sure the dates of birth are believable and don’t appear to have been tampered with. More often than not, individuals with fraudulent documents can’t resist making themselves 10 years younger! If you’re suspicious about the validity of a document from within Europe, you can visit the European Council’s Public Register of Authentic travel and identity Documents Online library. Thankfully they abbreviated that one to ‘PRADO’! There you will find genuine examples of hundreds of ID documents.
Most landlords and agents are aware that the right to rent requirements derive from the Immigration Act. However, there are also cross-overs with the Equality Act 2010 and Data Protection Act 1998 that are often overlooked. For instance, failing to have a consistent approach in checking the documents of ALL prospective tenants can lead to discrimination under the Equality Act, whether direct or indirect. In many cases this can occur completely unintentionally. Even though that may be the case, discrimination is discrimination.
In terms of Data Protection, storing photocopies of sensitive documents also poses a risk. The Information Commissioner’s Office is responsible for upholding the privacy of individuals and overseeing compliance of the act. When I posed the question to them:
“What are the specific guidelines for storing such sensitive ID information?”
I was given some helpful suggestions, such as: Storing the documents in a secure filing cabinet with a lock; In a secure building with an alarm or CCTV. However, it appears there are no specific requirements for the storage of such of documents – it’s subjective and open to interpretation. With that in mind, I often urge agents and landlords to consider the security of the documents they hold and the period of time in which they hold them.
Inventory Hive allows you to create your own low cost reports to ensure compliance across of a range of issues:
- Say goodbye to photocopying and filing – Use your phone or tablet camera to directly upload electronic copies of documents with secure password protected cloud storage. Complies with Data Protection Act 1998 to avoid the need for secure filing cabinets, alarms and CCTV.
- Automated reminders – Receive emailed reminders to re-check tenants with ‘Time Limited’ Right to Rent documents. Complies with Immigration Act 2014.
- Avoid discrimination – Follow our step-by-step guidance and avoid discriminating against legitimate tenants. Fairly checking all tenants equally and consistently. Complies with Equality Act 2010.
- Step-by-step compliance – Based on the nationality or citizenship of occupants, Inventory Hive users are informed what documents are acceptable along with what steps to follow when visually checking the documents. Complies with Home Office Immigration Act 2014 guidance.
All the above is recorded in an audit trailed report (example here) using your mobile, tablet or desktop device. You can trial the Inventory Hive right to rent checking solution today for free with no card details required. Simply get started here!