Right to Rent checks are nothing new, and anyone who has rented a home through a landlord or letting agent will be familiar with the process of proving your identity to confirm that you are in the UK legally and have the right to live and rent here. This is different from a DBS check which is more concerned with criminal record than nationality. One recent change in the rented sector shows a change in these requirements for criminal records checking, as Cornwall Council has announced that it is considering introducing criminal record checks for anyone applying to operate HMOs – houses of multiple occupation - as part of an extensive crackdown on housing conditions.
Council Enforcement Measures
The council is consulting on the possibility of using a range of enforcement measures to oversee privately rented housing conditions, among concerns of deteriorating standards in the sector as a whole, not only in Cornwall. The council is currently inviting feedback from various stakeholders including private sector tenants, landlords, lettings agents, tenant associations, and housing providers.
Proposed changes in the draft policy include limiting the duration of HMO licences for properties lacking necessary planning permissions and introducing criminal record checks for HMO licence applicants. A basic DBS check is already required for landlords in other parts of the country, and the aim is to deter those who have a lengthy criminal record from applying to let property and raise standards across the sector with the end goal of making renting property safer for tenants.
Houses of multiple occupation are of particular concern as council housing departments are concerned that rogue landlords target this sector, trying to cram as many tenants as possible into unsuitable or unsafe properties. Although a DBS check will not remove this possibility entirely, it is a good way of weeding out the most unsuitable candidates.
Getting a DBS Check
If you are thinking about taking up a room in a HMO, then you don’t need to worry about being asked for a DBS check, these are proposed only for the owners of the property. There is a separate argument that people taking up a room in shared accommodation should be DBS checked too, but this is not policy at present.
Anyone can ask for a Basic DBS check for any reason, and this will reveal any unspent convictions and cautions. Older spent convictions or cautions will only be shown on a standard or enhanced DBS check, but these are restricted to specific jobs and cannot be carried out on landlords. The process for getting a DBS check is simple, and just involves a simple application form and proving your identity online. It usually takes a couple of weeks to get a Basic DBS check back in the post and a standard or enhanced DBS check might take longer. Criminal records checks are just part of the tightening up of rules in the private rented sector, with rogue landlords also facing being banned if they fail to maintain properties and treat their tenants fairly.
