What is Right to Rent?
Right to Rent is a government scheme that makes landlords responsible for checking tenants have the legal right to live in England.
It was introduced by the government as part of The Immigration Act in 2014.
What’s changed with Right to Rent?
Landlords and letting agents can no longer carry out manual “Right to Rent” checks on foreign nationals who have digital proof of their immigration status.
That means, they cannot look at a physical passport or residence permit as a way of checking your right to live in the UK, if you have digital proof for this.
Instead, you must now use an online form to demonstrate your right to live in the UK.
What does digital evidence of immigration status mean?
If you're a UK national, you may already have a digital or biometric passport or driving license.
Since 2010, the UK Government has issued biometric passports to UK nationals to improve the security of its borders.
The chip and the data held inside the passport is much more difficult to replicate than information on a printed page, making it tough for fraudsters and criminals to use your passport or identity.
What's a biometric residence permit?
If you're a foreign national living in the UK, you may have been issued with a biometric residence permit.
Like a biometric passport, a biometric permit holds your biographical details (name, date and place of birth) alongside your biometric information (facial image and fingerprints).
It also proves your immigration status while living in the United Kingdom.
What's a biometric residence card?
A biometric residence permit card is just like a biometric resident's permit, but it's a similar size to a credit card.
It also holds your biographic details (name, date and place of birth), alongside your biometric information (facial image and fingerprints).
The new Right to Rent changes apply to any residents who have biometric residence permits and cards.
They also apply to anyone who has:
digital residential status, such as via an eVisa under the EU Settlement Scheme
a digital Certificate of Application to the EU Settlement Scheme, issued on or before 30 June 2021
If this applies to you, you'll need to use the online form to provide proof of your residential status to your landlord.
If you don't have a digital ID, your landlord will still be able to perform manual checks using the correct documents.
Documents that prove your Right to Rent
How to prove your right to rent
If you have a digital or biometric residential status record, use the government's online form to prove your right to rent.
Prove your right to rent - GOV.UK
The documents you'll need to fill out the online form include:
your biometric residence permit
your biometric residence card
your passport or national identity card
Once you’ve completed the form, you'll get a share code.
This code must then be shared with your landlord.
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How do landlords check a tenant's right to rent?
Once your landlord receives the share code from the tenant, they will use the government's online form to check their right to rent.
Letting agents acting on behalf of landlords can use the same form.
View a tenant's right to rent - GOV.UK
Once both parties have done the checks, you can sign and finalise the tenancy agreement.
What if I don't have a digital residential status?
If you don't have digital residential status, you can continue to provide your landlord with physical documents, such as a passport, to prove your right to live and rent in the UK.
Which documents are acceptable to check right to rent?
What if I don't have the right documents?
If you can't provide the right documents, ask your landlord to contact the Home Office Landlord Checking Service.
Your landlord should get an answer within two working days.
Right to Rent code of practice
What if I’m a member of the EU?
Since Britain’s departure from the European Union in July 2021, EU citizens also need to prove they have a right to rent in the UK.
However, the new digital Right to Rent checks only apply to foreign nationals - including EU Citizens - who:
hold digital biometric residence permit/cards
have applied to live here through the EU settlement scheme
or applied for their visa through a UK VISA online account.
If none of the above apply to you, it's still ok to use your passport - or other documents approved by the Home Office - to prove your right to live and rent in the UK.
Ireland is the only European country where nationals have a permanent right to rent in England.
Irish Nationals can show landlords their passport or Irish citizenship documentation.
Are there changes to Right to Rent for UK nationals?
Yes. The checks are becoming increasingly digital.
From 6 April 2022, landlords can use the new Identity Service Providers and Identity Document Validation Technology for UK and Irish citizens, too.
So if you have a fairly recent passport or driving licence, that means you already have a biometric ID and it's possible for you to use the system.
That said, it's not mandatory for UK nationals yet - and if you have older documents to prove your ID, you can still use them.
The idea behind all of this is to enable secure residency checks to be conducted remotely.
Previously, document checks had to be done manually in person.
Find out more about Identity Service Providers and Identity Document Validation Technology.
What's the different between unlimited and time-limited right to rent in England?
There are two groups of people that have the right to rent in the UK; those with unlimited right to rent and those with a time-limited right to rent.
Unlimited Right to Rent
This group includes British citizens, people who have the right of abode in the UK and those who have been granted indefinite leave to remain, or have no time limit on their stay in the UK.
It no longer applies to EU, EEA (European Economic Area) nationals or Swiss nationals.
Time-limited Right to Rent
Anyone who falls outside the above categories will have a time-limited right to rent, so long as they also have valid leave to enter or remain in the UK for a limited period of time.
Time-limited right to renters also include people that are permitted to enter or remain in the UK as a result of Acts of Parliament, European Union Treaties and Immigration Regulations.