Call of the month: Proving Right to Rent
This month we advised one of our members with a query on the correct way to check a tenant’s right to rent, specifically regarding the documents tenant can show to their landlord and whether they could accept a Biometric Residence Permit.
When performing a right to rent check, you have a number of different available options open to you, including face to face checks, using ID verification technology or using the tenant's 'share code', allowing you to check their details on the government’s website.
To perform an in-person check, you will need to check the tenant’s immigration document in their presence to establish they have the right to rent.
But be warned.
Biometric Residence Permits, or BRPs - previously acceptable documents - are being phased out and are no longer proof of someone's right to rent.
What is a Biometric Residence Permit?
A Biometric Residence Permit, or BRP shows a person's name, date and place of birth, fingerprints and photograph, as well as their immigration status and conditions of stay - with an expiry date and other details.
They are currently being phased out in favour of a new e-visa system.
What should I do if someone presents this document?
If a tenant tries to use this permit as evidence of their right to rent you should refuse and suggest an alternative. For example, you could suggest they bring their passport, if it has evidence of their time limited right to remain within it.
However, the easiest thing to do would be to ask the tenant for their share code and date of birth.
This can then be used to access their details via the Home Office checking service, to see if they have the right to rent.
If the prospective tenant hasn’t got their share code yet then they should be encouraged to apply to the Government for one. BRPs may not prove right to rent status, but they can still be used to get a share code set up, via the gov.uk portal here.
More information
To read the guidance in full visit our in-depth Right to Rent pages here.
The NRLA's award-winning Training Academy also runs an Immigration and Right to Rent training course. For details, times and prices click here.
