Right to Rent Update – what is new from 6 April 2022

The way in which Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders evidence their right to rent is changing. From 6 April 2022, BRC, BRP and FWP holders will evidence their right to rent using the Home Office online service only, presentation of a physical document will no longer be acceptable.

This means that, from 6 April 2022, landlords will no longer be able to accept or check a physical BRC, BRP or FWP as valid proof of right to rent, even if it shows a later expiry date. 

Landlords do not need to retrospectively check the status of BRC, BRP or FWP holders who entered into a tenancy agreement up to and including 5 April 2022. Landlords will maintain a statutory excuse against any civil penalty if the initial checks were undertaken in line with the guidance that applied at the time the check was made. 
 

What are right to rent checks? 

Landlords must check that all prospective tenants have a lawful immigration in the UK before entering into a tenancy agreement in England, to avoid being liable for a civil penalty. 

There are two types of right to rent checks: an online check and a manual check. The type of check landlords are required to conduct will depend on the status of the prospective tenant. 

An online right to rent check is required for all BRC, BRP and FWP holders, as well as individuals who only hold digital proof of their immigration status in the UK. 

To carry out an online right to rent check, landlords will need the applicant’s date of birth and their share code, which they will have obtained online.