Right to Rent – what’s changed and why?
According to published statistics, there are approximately 6 million people living in the UK who are foreign nationals, a figure which represents around 9% of the country’s population.
Education (primarily universities and further education) is the largest reason for many people to come to the UK, with improved work prospects being the next highest motivation and, whilst a good number of these people will buy their own homes, a large percentage will choose to rent.
Included as part of The Immigration Act in 2014, Right to Rent is a government scheme which requires residential landlords to check and confirm that their tenants – and any other adults living in their accommodation – have a legal right to live in England.
This doesn’t just apply to new tenancy agreements: private tenants in England who have nationality of another country must prove that they have legal status to live in the UK if their tenancy agreement commenced after February 1st, 2016.
The standard documentation procedure required all people residing in the UK to physically present their current valid passport, along with completing additional document checks, before a tenancy agreement can be signed.
These checks were previously something which was undertaken face-to-face, either with the landlord directly or their lettings agency. However, the COVID-19 pandemic meant this wasn’t practical or safe, and video calls were permitted for such checking of identities and documentation.
Updated legislation came into force on April 6th, 2022, meaning that lettings agents and landlords are no longer permitted to undertake face-to-face or remote (via video call) checks on foreign nationals applying for tenancies, even if they hold digital proof – including a biometric residence permit – of their immigration status.
The process is now that tenants must use the new online portal to prove their right to rent in England.
Kate Ridley, Lettings Manager at Milne Moser, explains further: “The drive behind this initiative by the government is part of wider digital strategies to streamline administration by pushing processes and procedures online, something which is happening across all walks of life.”
“There is also the very pressing matter of being accountable for the population, both British and foreign nationals who have chosen to make the UK their home for any number of educational, economic or geo-political reasons.”
“We certainly don’t think this is intended to identify individuals who may be residing in the country illegally, but more to speed-up the lettings application process for the private rentals sector, something which both landlords and tenants should surely welcome.”
Biometric passports (and driving licences) have been issued by the Home Office since 2010 as a move to improve the security of our border. The chip and data embedded in these documents are much harder to replicate, therefore reducing the chance of fraudulent replication.
Foreign nationals living in the UK may be issued with a biometric permit and/or biometric residence card which certify their credentials and right to residential status.
“The changes to the Right to Rent Scheme will primarily affect anyone who holds a biometric permit or residence card.” Continues Kate.
“Effective as of April, before entering into any new tenancy agreement, foreign national applicants have to complete an online form. To do this, they will need to provide information from their biometric residence permit and residence card, along with their passport or national identity document.”
Once the form has been successfully completed a ‘share code’ is automatically generated which the tenant must share with the landlord who, along with the letting agent, may use to check a tenant’s right to rent in England.
“This isn’t just restricted to foreign nationals; UK nationals can also use the Right to Rent Scheme to have their details checked in support of a tenancy application.”
The ‘right to rent’ issue is one which has been surrounded in a degree of ambiguity over recent years, exacerbated to a degree by Brexit and the UK’s withdrawal from the European union. For clarity, you have a legal right to rent in the UK if you are a British or Irish citizen or if any of the following conditions apply:
- You have indefinite leave to remain (ILR)
- You have refugee status or humanitarian protection
- You have settled or pre-settled status under the EU settlement scheme
- You have permission to be in the UK (e.g., on a work or student visa)
- The Home Office has granted you a time limited right to rent
“This is a legal requirement and, as you might expect, there are civil penalties for any landlords not ensuring their tenants meet the conditions for residency.” Concludes Kate, “The gov.uk website does not indicate what such penalties might be, rather that they will be ‘judged on a case-by-case basis’.”
“It may seem a little daunting for both landlords and their prospective tenant, but we would like to assure you that the team at Milne Moser are fully up to speed with the new processes and procedures and can help with support and guidance throughout.”
Article references:
Migration Statistics Research Briefing (House of Commons Library, published Monday, 30 May, 2022) – https://commonslibrary.parliament.uk/research-briefings/sn06077/
Prove your right to rent in England – https://www.gov.uk/prove-right-to-rent
View a tenant’s right to rent in England – https://www.gov.uk/view-right-to-rent
Right to rent document checks: a user guide – https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide#documents-which-are-no-longer-accepted-for-the-purposes-of-a-right-to-rent-check
Landlord’s guide to right to rent checks: 6 April 2022 – https://www.gov.uk/government/publications/landlords-guide-to-right-to-rent-checks/landlords-guide-to-right-to-rent-checks-6-april-2022-accessible-version
Check if you can get Indefinite Leave to Remain (ILR) – https://www.gov.uk/indefinite-leave-to-remain
Right to Rent changes and how they might affect you (Mathilda Battersby / Zoopla) https://www.zoopla.co.uk/discover/renting/right-to-rent-changes-and-how-they-might-affect-you/
Right to Rent Explained (Propertymark) – https://www.propertymark.co.uk/professional-standards/consumer-guides/tenants/right-to-rent.html
Right to rent immigration checks (Shelter) https://england.shelter.org.uk/housing_advice/private_renting/right_to_rent_immigration_checks
