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Right to Rent update

Right to Rent Updates: Key Information for Landlords and Letting Agents

Recent updates have been made to right to rent guidance, impacting landlords and letting agents. While there have been no significant overhauls, staying informed on these changes is crucial for compliance. Here’s what you need to know.

What Are the Key Changes?

Biometric Residence Permits and Cards (BRP & BRC)

As of December 31st last year, Biometric Residence Permits (BRPs) and Biometric Residence Cards (BRCs) have been phased out, meaning they are no longer valid for right to rent checks. Instead, individuals previously using these documents must now create a UK Visa Immigration (UKVI) account and utilize the eVisa system to verify their right to rent status.

For most tenants, this process involves using the UKVI app to generate a share code, which is presented alongside their date of birth to landlords as proof of right to rent. However, until the transition to eVisas is fully completed, expired BRPs and BRCs can still be used to generate a valid share code.

Updates to Acceptable Documents

Annex A, which outlines the documents landlords can accept during manual right to rent checks, has undergone minor but important revisions:

  • List A includes documents that confirm an individual has an unlimited right to rent.

    • Group 1 documents are sufficient on their own to prove right to rent.

    • Group 2 documents must be presented alongside another document from the same group.

  • List B includes documents that demonstrate a temporary right to rent.

A crucial clarification has also been made regarding clipped British or Irish passports. Unlike expired British or Irish passports, which remain valid under List A (Group 1), a clipped passport is considered cancelled and cannot be used as proof of right to rent.

Ukrainian Nationals

Annex C has been updated to reflect the launch of the Ukrainian Permission Extension Scheme, outlining the different schemes available for Ukrainian nationals to confirm their right to rent in the UK.

Removal of COVID-19 Adjustments

All temporary measures introduced during the COVID-19 period for adjusted right to rent checks have now been removed from the guidance.

Electronic Travel Authorisation (ETA)

The ETA system allows individuals to enter the UK for up to six months for purposes such as tourism, business, short-term study, or visiting family and friends. Upon arrival, individuals can either pass through an ePassport gate or have their passport stamped by a Border Force Officer. This stamp serves as valid proof of their time-limited leave to remain for right to rent purposes.

Final Thoughts

While the core right to rent requirements remain unchanged, these updates refine the compliance process for landlords and agents. Ensuring that tenants use the correct documents and verification methods will help avoid potential legal complications.

To find out more about tenant referencing please contact the team on 01793 847014/[email protected]

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