Tenancy Agreement for DBS Check: What You Need to Know

When renting out a property, it is essential to ensure that your tenants are trustworthy and have a satisfactory criminal record. A Disclosure and Barring Service (DBS) check, formerly known as a Criminal Records Bureau (CRB) check, helps landlords make informed decisions about prospective tenants.

Here are some things you need to know about incorporating a tenancy agreement for DBS check:

1. Legal requirements: Under current legislation, landlords and letting agents are not legally required to perform DBS checks on their tenants. However, performing checks on tenants can help landlords avoid potential legal issues and protect their property.

2. Consent: It is essential to obtain the tenant`s consent before performing a DBS check. Tenants have the right to refuse a check, but this could be a red flag for landlords.

3. Costs: The cost of a DBS check is typically borne by the landlord or letting agent. There are different levels of checks available, including basic, standard, and enhanced checks. The level of check required will depend on the type of tenancy and the level of risk involved.

4. Timing: DBS checks can take several weeks to process, so landlords should allow plenty of time for checks to be completed before signing a tenancy agreement.

5. Disclosure of information: The information obtained through a DBS check is confidential and should only be shared with those who need to know. Landlords should not discriminate against tenants based on their criminal record, but they may use the information to make informed decisions about the suitability of a tenant.

6. Data protection: Landlords should ensure that they comply with data protection laws when obtaining, storing, and sharing information obtained through a DBS check.

7. Tenancy agreement: It is recommended that landlords include a clause in their tenancy agreement that allows for DBS checks to be conducted if required. The clause should be clear and unambiguous to avoid any confusion or legal issues.

8. Re-checks: It is a good idea for landlords to perform periodic re-checks on their tenants, particularly if the tenancy is extended or if there is a change in the level of risk involved.

9. Other checks: DBS checks are not the only way for landlords to assess the suitability of their tenants. Credit checks, references, and interviews can also provide valuable information about a tenant`s reliability and suitability.

10. Record keeping: Landlords should keep a record of all DBS checks performed, including the level of the check, the date it was conducted, and the outcome. These records should be securely stored and kept for at least six years.

In conclusion, incorporating a tenancy agreement for DBS checks is a smart way for landlords to protect their property and make informed decisions about their tenants. As with any legal process, it is essential to follow the correct procedures and ensure compliance with relevant legislation to avoid potential legal issues.