New Right to Rent rules in place from 6 April
From 6 April 2022, changes to Right to Rent legislation will come into force, affecting checks for some groups of tenants.
You can see the draft guidance which will come into force from 6 April 2022 on the GOV.UK website. Please note that the existing guidance remains in place until then – as outlined on our resources page.
End of physical checks for biometric card holders
All tenants with a Biometric Residence Card, Biometric Residence Permit, or Frontier Worker Permit (biometric card holders) will only be able to evidence their right to rent using the Home Office online service from this date. Landlords will no longer be able to accept physical cards for the purposes of a right to rent check even if the biometric card shows a later expiry date.
Landlords do not need to undertake retrospective checks where tenants before 6 April 2022 evidenced their right to rent with a physical card and will continue to have a statutory excuse where checks were carried out in line with guidance at that time.
Introduction of digital checks for UK and Irish passport holders
Separately, from 6 April the Government will allow digital checks for UK and Irish citizens who are not able to be checked via the Home Office online service. Landlords will be able to use Identity Document Validation technology (IDVT) from an Identity Service Provider (IDSP) to undertake checks where the tenants hold a valid British or Irish passport (or Irish passport card). Landlords must also provide alternative ways to prove their right to rent and should carry out a physical check if needed, so they do not discriminate against those who do not hold passports.
The Covid-related changes which enabled remote checks are in place until 30th September 2022 to allow for a period of transition, giving landlords time to establish relationships with IDSPs. The GOV.UK website has a list of certified IDSPs but landlords are not required to use these. However landlords are recommended to ensure any provider satisfies a Medium Level of Confidence.
Changes to acceptable documents
The new rules also will bring changes to the lists of acceptable documents (Annex A):
amendments to List A, Group 1 and List B to remove documents issued by the Home Office to a family member of an EEA or Swiss citizen, which indicated that the holder had permission to stay in the United Kingdom
amendments to List A, Group 1, and List B to remove Biometric Immigration Documents (Biometric Residence Permit) issued by the Home Office
amendment to List B to remove frontier worker permits issued under regulation 8 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020
addition to Article 4 of the 2014 Order if a Certificate of Application (CoA0 digital or non-digital confirming a valid application to the EUSS on or after 1 July 2021 together with a Positive Right to Rent Notice (PRRN) from the Landlords Checking Service (LCS)
amendment Article 4 of the 2014 Order to include an application for leave to enter or remain under Appendix EU to the Isle of Man Immigration Rules and removal of reference to applications submitted on or before 30 June 2021.