Training for Professionals News

  • Oct 20/2023

    Right to Rent


    New Landlords right to rent guidance has been issue to confirm the Home Office have removed the requirement for landlords to verify a digital Certificate of Application (CoA) with the Landlord Checking Service (LCS) when conducting a right to rent online digital check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021.

    Please see here for the guidance


    Just to a reminder, from 01 October 2022, landlord must carry out one of the prescribed checks before a tenancy agreement can commence

    1. a manual right to rent check; 
    2. a right to rent check using IDVT via the services of an identity service provider (IDSP); or 
    3. a Home Office online right to rent check. 

    Checks usingthe Home Office online checking service do not require you to check physicaldocuments and can be carried out by video call, as right to rent information isprovided in real time direct from Home Office systems. 

    Please see here for the update landlords guide to right to rent and here for further guidance

    The Home Office have updated the Right to Rent Checks: A guide to immigration documents for tenants and landlords, which confirms Landlords can no longer accept or check a physical BRP,BRC or FWP as valid proof of right to rent, even if it shows alter expiry date. It has also updated which documents are acceptable.
    Please see here for the latest guidance


    Further guidance has been released which confirms what documents are acceptable for Ukrainian refuges for them to qualify for the right to rent checks
    Please see here for the guidance

    The landlord guide for Right to rent has been slightly updated

    Points of note in this updated guidance include:

    changes in the way Biometric Residence Card, Biometric Residence Permit (BRC/BRPs) and Frontier Worker Permit (FWPs) holders prove their right to rent in England 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

      • changes and further guidance to enable employers to use Identity Service Providers (IDSPs) to carry out digital identity verification as part of a right to work check (Annex D)

      • extension to the COVID-19 temporary adjusted right to work checks until 30 September 2022 (Annex E)

      • Please see the here for the draft guidance that will commence on 6 April 2022

    It would be easy to miss it but in the midst of the announcement of the national lockdown the Right to Rent rules have been updated. A helpful Home office factsheet outlining the changes can be found here. It is largely dealing with a new online checking service (not to be confused with the temporary remote checking during Covid-19). For a limited number of applicants (those with specific biometric documentation or part of the EU settlement Scheme) they will be able to use an online version of that information to allow a landlord or agent to check, online, and not have to see the physical document. This mirrors one introduced last year for employers, who have similar "right to work" checks to carry out. Though a really good idea the limitation will be that few people have the right documentation to qualify. they have also made it slightly easier for UK national to prove their status by allowing the sort form of birth or adoption certificate, previously it was only the long form. Further information can be found here

    Whilst not an actual change in the rules, the guidance has been updates to reflect the rules brought in last year for the B5JSSK countries not needing a visa on entry. the guidance also stresses the need not to be discriminatory, probably following the legal challenge they successfully defended.

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