Luna Harper
In the UK, landlords and letting agents are required to check that tenants are allowed to rent in England. This is known as a right to rent check. A Biometric Residence Permit (BRP) is one of several documents that can be used to prove your right to rent. Other documents that can be used include a passport, national identity card, residence card, or a registration certificate. If you do not have a BRP, there are alternative ways to prove your right to rent, such as using your passport or an immigration document that shows you have permission to be in the UK.
| Characteristics | Values |
|---|---|
| What is BRP? | Biometric Residence Permit |
| Who needs to provide BRP? | Individuals who currently use a physical immigration document |
| What if I don't have a BRP? | You can use your passport with an 'endorsement' stamp or vignette sticker |
| What if I don't have a passport? | You can give your landlord an entry clearance vignette sticker attached to a 'Form for Affixing the Visa' (FAV) |
| What if I don't have a BRP or passport? | You can show your landlord a letter or email confirmation to prove your settled or pre-settled status |
| What if I applied for settled status in Jersey? | You need to use the online immigration status checker to get a confirmation letter |
| What if I don't have any of these documents? | You can get a share code to prove your right to rent |
| What if I can't get a share code? | You can use a physical certificate of application from the Home Office |
| What if I can't get a certificate from the Home Office? | Your landlord should be able to check your right to rent with your name and birth date |
| What if my landlord is not satisfied? | You can contact your university to produce a letter stating that you are legally a student |
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What You'll Learn
Proving right to rent without a BRP
If you are a foreign student in the UK and need to prove your right to rent without a BRP, there are a few options available to you. Firstly, you can try using your passport as proof of your right to rent. Your passport can serve as proof if it has an 'endorsement' stamp or vignette sticker.
If you do not have a passport, you can provide your landlord with an entry clearance vignette sticker attached to a 'Form for Affixing the Visa' (FAV). They can then use this to check your immigration status with the Home Office. Alternatively, you can show your landlord a letter or email confirmation of your settled or pre-settled status, which they can use to confirm your immigration status with the Home Office. If you applied for settled status in Jersey, you will need to use the online immigration status checker to obtain a confirmation letter.
Another option is to obtain a share code, which can be used to prove your right to rent. You can generate a 9-character-long share code through the 'View a tenant's right to rent in England' service on GOV.UK. This code, along with your date of birth, will enable your landlord to access your right-to-rent information.
If none of these options are feasible, you may be able to request a letter from your university stating that you are legally a student there. Your landlord may accept this letter until your BRP replacement arrives.
It is important to note that the ability to prove your right to rent without a BRP may depend on your specific circumstances and the policies of your landlord or letting agent. It is always a good idea to communicate your situation and explore alternative options with them.
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Using a passport to prove right to rent
If you are a British or Irish citizen, you can prove your right to rent in England by showing your landlord your passport. If you do not have a passport, passport card, or citizenship certificate, you may be able to use other documents to prove your right to rent. For example, you may be able to use an online identity service provider (IDSP) to prove your right to rent instead of giving your landlord your documents to check. Ask your landlord if they offer this.
If you are not a British or Irish citizen, you can prove your right to rent in England with your passport if it has an 'endorsement' stamp or vignette sticker. If your passport has been stolen, a letter from a UK police force confirming that you have been the victim of a crime and have reported your passport as stolen, stating the crime reference number, can be used as part of the evidence of your right to rent. This must be accompanied by another document from Annex A, list A of the Landlords' guide to right to rent checks.
If your passport is with the Home Office due to an ongoing immigration application or appeal, your prospective landlord can request verification of your right to rent from the Home Office Landlord Checking Service. In order to do this, you will need to provide them with a Home Office reference number; this can be an application or appeal number, or case ID number. The Landlord Checking Service will respond to the landlord by email within 2 working days, with a clear “yes” or “no” response.
You may also be able to use two documents together to prove your right to rent. For example, you can use a current UK driving licence (full or provisional) and a full birth or adoption certificate from the UK, Guernsey, Jersey, the Isle of Man, or Ireland.
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Right to rent checks for landlords
Landlords and letting agents must carry out right-to-rent checks on people before entering into a tenancy agreement with them to ensure they are allowed to rent. Here is a step-by-step guide for landlords on how to conduct right-to-rent checks:
First, determine what type of document the tenant will be using to prove their right to rent. The tenant may use a physical immigration document, such as a biometric residence permit (BRP), or a legacy paper document such as a passport containing an ink stamp or a vignette sticker.
If the tenant has a physical immigration document, you may be able to conduct the right-to-rent check manually by visually inspecting the document. The UK government provides a visual guide to the types of immigration documents that can be accepted to satisfy a manual right-to-rent check.
If the tenant does not have a physical document, they may be able to create a UKVI account to access their eVisa and prove their right to rent online. The tenant will generate a share code that can be passed on to the landlord. The landlord can then enter this code, along with the tenant's date of birth, to access their right-to-rent information.
It is important to note that landlords must not unlawfully discriminate when conducting right-to-rent checks. Training sessions on right-to-rent checks are available for a small fee and can provide further guidance on avoiding discrimination.
Finally, keep in mind that there may be specific considerations for certain groups, such as overseas students or individuals with outstanding applications to the EUSS (EU Settlement Scheme). Guidance on these topics can be found in the Landlord's Guide to Right to Rent Checks, which is regularly updated by the UK government.
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Right to rent for non-British or Irish citizens
If you are not a British or Irish citizen, you can prove your right to rent in England by obtaining a share code that your landlord can use to check your right to rent and how long for. You can get a share code if you have a biometric residence permit (BRP) or a passport with an endorsement stamp or vignette sticker. If you do not have a BRP or a passport, you can use a combination of two other documents, such as a UK birth certificate and a driving licence.
If you are a Commonwealth citizen, you may be able to obtain documents to show that you can rent in the UK through the Windrush Scheme. If you are a student, you can contact your university to produce a letter stating that you are legally a student there. Your landlord may accept this proof of your right to rent until your BRP replacement arrives.
Landlords and letting agents must check the immigration status of adults who will live in the property before a tenancy starts. They must also conduct follow-up checks if your permission to be in the UK has a time limit. If your permission to be in the UK is for more than a year, your landlord must conduct another check when your leave ends.
If you are seeking asylum, you do not usually have the right to rent. However, you could get housing through the asylum support system if you have nowhere to live.
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Right to rent for international students
International students with a valid visa or those in the UK with a pending visa application have the right to rent property in the UK. However, they must prove their right to rent to a landlord or rental agency. Landlords are required to perform and approve a right-to-rent check up to a maximum of 28 days before the tenancy agreement starts.
If you have a BRP card or a digital immigration status, you can produce a share code to prove your right to rent. Your prospective landlord can then use this code to check your right to rent with the checking service.
If you do not have a BRP or a UKVI account, you can use your passport with an endorsement stamp or vignette sticker. If you do not have a passport, you can give your landlord an entry clearance vignette sticker attached to a 'Form for Affixing the Visa' (FAV). They will then use it to check your immigration status with the Home Office.
You can also show your landlord a letter or email confirmation to prove your settled or pre-settled status. If you applied for settled status in Jersey, you will need to use the online immigration status checker to get a confirmation letter.
If you have a valid student visa and digital status, you can generate a share code to evidence your right to rent. If you have a student visa entry vignette, you must activate your eVisa to generate a share code.
If you are in the UK and have applied for a new student visa but are still awaiting a decision, you can provide your landlord with evidence that you have submitted a valid visa application. Your landlord will then be required to perform an online check to determine your right to rent.
If you were given a stamp on your passport when you entered the UK, you can provide your landlord with your passport and valid entry stamp to evidence your right to rent. If you did not receive a stamp, you can provide your passport along with evidence of the date you entered the UK, such as a flight ticket or boarding pass.
It is important to note that landlords can no longer rely solely on a BRP to perform a manual right-to-rent check. Additionally, international students should be aware of other considerations when renting in the UK, such as gas safety, security, and their rights under the Housing Act 2004.
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Frequently asked questions
BRP stands for Biometric Residence Permit. It is a residence permit issued by the Home Office to individuals who are not British or Irish citizens.
No, having a BRP does not automatically give you the right to rent. You must still prove your right to rent to your landlord or letting agent. The BRP serves as proof of your right to live in the UK, which is a requirement for renting in England.
If you don't have your BRP yet, you may be able to use other documents to prove your right to rent, such as your passport with an endorsement stamp or vignette sticker. You can also provide a letter or email confirmation of your settled or pre-settled status.
If you don't have the required documents, your landlord may still be able to check your right to rent using your name and birth date. They can also perform a manual right to rent check if you provide your passport and evidence of the date you entered the UK, such as a flight ticket or boarding pass.
Landlords and letting agents must conduct right to rent checks before granting a tenancy. They can do this by using the online service on GOV.UK or by manually checking the tenant's immigration documents. Landlords must not discriminate against tenants based on their nationality, race, or any other protected characteristic.
