Essential Documents for Right to Rent Checks
Right to Rent checks verify the immigration status of prospective tenants and are a legal requirement of renting residential property in the United Kingdom. In this article, we will guide you through the essential documents required for Right to Rent checks.
Essential Documents for Right to Rent Checks
The United Kingdom rental market legally requires landlords to complete a Right to Rent check. This check verifies the immigration status of potential tenants, ensuring they are legally permitted to rent property in the UK. As of 1st July 2021, this procedure extends to citizens from the European Economic Area (EEA).
The essential documents for right to rent checks must be original, valid, and belong to the tenant. These documents can be broadly classified into two categories:
UK and EEA Passport or Identity Card:
A valid passport or National Identity Card from the UK, EEA or Switzerland serves as a concrete proof of one’s Right to Rent in the UK. As a landlord, it’s your responsibility to inspect each prospective tenant’s passport or identity card, regardless of your perception of their nationality.
It’s important to remember that the passport or identity card should be current and valid. For UK citizens without a current passport, they can furnish a combination of two documents to prove their eligibility, such as a birth or adoption certificate along with a corroborative document like a driving licence or a benefits letter.
For EEA or Swiss Nationals who were residents in the UK by 31st December 2020 and have rights under the withdrawal agreements, an identity card alone is sufficient. However, for those arriving after this date, the new points-based immigration system will apply. An EEA or Swiss national is not required to show status under the EU Settlement Scheme until the 30th of June 2021, a date significant due to Brexit.
Bear in mind that not all passports or ID cards grant an automatic Right to Rent. Those with time-limited immigration status will have a specified date until when their right to reside in the UK is valid, which should be considered.
Permanent Residence Card, Travel Document, or Biometric Immigration Document:
For individuals from outside the EEA, documents for Right to Rent checks that affirm a right to reside in the UK include a Permanent Residence Card issued by the Home Office, a Biometric Immigration Document, or an Immigration Status Document coupled with an official document that verifies the holder’s National Insurance Number. Not all prospective tenants will have a UK or EEA passport or identity card. Particularly, non-EEA citizens without an indefinite right to stay may need to present alternative documents. These can include a Permanent Residence Card, a Biometric Immigration Document, or a Home Office-issued Travel Document.
The Permanent Residence Card is typically given to non-EEA nationals who are immediate family members of EEA nationals. It’s crucial to verify that this card has been issued by the Home Office, as this confirms the holder’s unlimited right to reside in the UK.
A Biometric Immigration Document is often provided to individuals granted permission to enter or remain in the UK. This document not only displays the holder’s immigration status but also their right to work or study. Landlords should verify that the immigration status permits the holder to rent and that the document is still valid.
Lastly, a Travel Document can also serve as proof of Right to Rent. This document is issued by the Home Office to family members of EEA or Swiss citizens and should state that it’s valid for an unlimited period.
However, landlords should be aware of complex situations where the documents may not be straightforward, such as a prospective tenant with discretionary leave to remain or limited leave to enter or remain. In these instances, it may be advisable to seek further advice to ensure eligibility and avoid unintentional legal violations.
Document Requirements for Different Right to Rent Statuses
The Right to Rent status of a tenant in the UK can fall into one of three categories: unlimited right to rent, time-limited right to rent, and no right to rent. Each category has its own unique set of document requirements.
Unlimited Right to Rent
The documents for right to rent are often passports or permanent resident cards, but tenants with a time-limited Right to Rent may need to provide additional documents related to their immigration status, such as a valid visa or biometric immigration card. These documents should clearly state the period during which they are allowed to reside in the UK.
Temporary Right to Rent
Individuals with a temporary right to rent are typically non-EEA citizens residing in the UK for a specific period. The documents they provide should clearly indicate their restricted access to UK housing during their approved stay.
A valid visa, either a vignette affixed in a passport or a Biometric Residence Permit (BRP), can serve as evidence of a temporary right to rent. These documents specify the expiration date of their stay in the UK. However, you will need to perform another right to rent check just before their permission expires or 12 months after your previous check, whichever comes later. An Immigration Status Document featuring the tenant’s photograph, coupled with an official document containing the person’s permanent National Insurance number and name, can also substantiate a temporary right to rent.
Under the ‘Frontier worker scheme’, individuals may also possess a right to rent. In these instances, a Frontier Worker Permit, as per regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, may be provided by the tenant.
Documents for People with No Limit on Stay
When it comes to individuals with no restrictions on their stay in the UK, the documents for right to rent should confirm their unlimited right to live and rent property in the UK.
A UK passport is the simplest proof of an unrestricted right to rent. This also holds true for passports or national identity cards from an EEA country or Switzerland. These documents validate the rights to live, work, and rent in the UK. Non-EEA citizens can provide a variety of official documents to prove their right to rent, including a Permanent Residence Card, a Biometric Residence Permit or Card indicating the holder has indefinite leave to remain or enter, or has no time limit on their stay in the UK. An Immigration Status Document, along with an official document containing the holder’s National Insurance number, can also be used. Alternatively, a Certificate of Naturalisation or Registration as a British citizen, accompanied by an official document with the holder’s National Insurance number, is acceptable.
In all cases, it’s essential to check the original documents for authenticity in the presence of the prospective tenant.
