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Copyright©2008 FLK Lettings is a trading style of FL Kuen.Ltd Company registered England No. 5739077. A member of The Property Redress Scheme, a government authorised consumer Redress Scheme for Lettings, Property Management and Estate Agent and other Property Professionals.   

 

Right To Rent

As part of the Immigration Act 2014, the Government is making it a requirement from for landlords to check the immigration status of prospective tenants. This means that Landlords now need to vet new tenants right to live in the UK, so as to ensure they don’t let to anyone who is in the UK illegally.

 

What is 'right to rent?'

Right to rent means simply that the occupier(s) have a right to rent a property in the UK. Anyone without it is disqualified from renting. This can be broken down into two different groups, permanent(List A Documents) and time limited rights to rent(List B Documents). Each has different requirements.

 

Who has a permanent right to rent?

British citizens; European Economic Area nationals (Austria, Belgium, Bulgaria, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy,Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.); and Swiss nationals,with the exception of Croatia, Special transitional controls have applied to Croatian nationals since 1 July 2013.

People who have a right of abode in the UK; who have been granted indefinite leave to remain; or have no time limit on their stay in the UK.

 

Who has a time limited right to rent?

Those who are not British citizens, EEA or Swiss nationals who have

valid leave to enter or remain in the UK for a limited period of time

are entitled to enter or remain in the UK as a result of Acts of Parliament, European Union Treaties and Immigration Regulations (eg family members of EEA nationals). However, some family members of EEA nationals may be able to demonstrate an unlimited right to rent.

 

 

List A - acceptable documents for right to rent checks.

 

 

List A

 

Group 1 – Acceptable single documents

a

A passport (current or expired) showing that the holder is a British citizen, or a citizen of the UK and Colonies having the ‘right of abode’ in the UK.

b

A passport or national identity card (current or expired)

showing that the holder is a national of the European

Economic Area (EEA) or Switzerland

c

A registration certificate or document (current or expired) certifying or indicating permanent residence issued by the Home Office, to a national of the European Economic Area or Switzerland.

d

A ‘permanent’ residence, ‘indefinite leave to remain’,

‘indefinite leave to enter’ or ‘no time limit’ card issued by

the Home Office (current or expired), to a non-EEA

national who is a family member of an EEA or Swiss

national.

e

A biometric ‘residence permit’ card (current or expired)

issued by the Home Office to the holder indicating that the

person named has ‘indefinite’ leave in the UK, or has ‘no

time limit’ on their stay in the UK.

f

A passport or other ‘travel document’ (current or expired)

endorsed to show that the holder is either ‘exempt from

immigration control’, has ‘indefinite’ leave in the UK, has

the ‘right of abode’ in the UK, or has ‘no time limit’ on their

stay in the UK.

g

An immigration status document (current or expired)

containing a photograph issued by the Home Office to the

holder with an endorsement indicating that the named

person has ‘indefinite’ leave in the UK or has ‘no time limit’

on their stay in the UK.

 

h

A certificate of registration or naturalisation as a British

citizen.

Group 2 – Acceptable document combinations.

Any two of the following documents when produced in any combination. All documents in List A, Group 2, must be datedto show they were issued within the specified date shown, eg: within the last three months. The document must contain the name of the prospective tenant.

1

A full birth or adoption certificate issued in the UK, Channel Islands, the Isle of Man or Ireland, which includes the name(s) of at least one of the holder's parents or adoptive parents.

2

A current full or provisional photocard UK driving licence.

3

Evidence (identity card, document of confirmation issued by one of HM forces, confirmation letter issued by the Secretary of State) of the holder’s previous or current service in any of HM’s UK armed forces.

4

A letter from HM Prison Service, the Scottish Prison Service or the Northern Ireland Prison Service confirming the holder's name, date of birth and that they have been released from custody of that service in the 6 months prior to the check.

5

A letter issued within the 3 months prior to the check from an officer of the National Offender Management Service in England and Wales confirming that the holder is the subject of an order requiring supervision by that officer; from an officer of a local authority in Scotland confirming that the holder is the subject of a probation order requiring supervision by that officer; or, from an officer of the Probation Board for Northern Ireland confirming that the holder is the subject of an order requiring supervision by that officer.

6

Benefits paperwork issued by HMRC, a UK Local Authority or Job Centre Plus, on behalf of the Department for Work and Pensions or the Northern Ireland Department for Social Development, issued within the 3 months prior to the check.

7

A letter issued within the 3 months prior to the check signed by a representative of a public authority, voluntary organisation or charity which operates a scheme to assist individuals to secure accommodation in the private rented sector in order to prevent or resolve homelessness.  This letter must confirm the holder’s name, and the address details of the prospective tenancy which they are assisting with obtaining for the holder.

8

A letter issued within the 3 months prior to the check from a British passport holder who works in (or is retired from) an acceptable profession as specified in the list of acceptable professional persons at Annex A. The letter should confirm the holder's name, and confirm that the acceptable professional person has known the holder for longer than three months. This letter should be signed by the acceptable professional person giving their name, address, passport number, profession and place of work (or former place of work if retired), how long they have known the holder and in what capacity.

 

9

A letter issued within the 3 months prior to the check from a UK further or higher education institution confirming the holder's acceptance on a current course of studies. This letter should include the name of the educational establishment, as well as the name and duration of the course.

 

10

A letter from a UK police force confirming that the holder is a victim of crime and has reported a passport or Home Office biometric immigration document stolen, stating the crime reference number, issued within the 3 months prior to the check.

11

Disclosure and Barring Service Certificate (criminal record check) issued within the 3 months prior to the check.

List B

Documents where a time-limited statutory excuse is established

a

A current passport or other ‘travel document’ endorsed to show that the holder is allowed to stay in the UK for a time-limited period.

b

A current biometric ‘residence permit’ card issued by the Home Office to the holder, which indicates that the named person is permitted to stay in the UK for a time limited period.

c

A current ‘residence card’ (including an accession residence card or a derivative residence card) issued by the Home Office to a non-EEA national who is either a ‘family member’ of an EEA or Swiss national or has a ‘derivative’ right of residence.

d

A current immigration status document issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK for a time-limited period.

e

In the case that the person has an ongoing application with the Home Office, or their documents are with the Home Office, or they claim to have a permission right to rent, an email from the Landlords Checking Service providing a “yes” response to a right to rent request. This will only be sent to the landlord by the Landlords Checking Service.

List B – Acceptable documents establishing a time-limited statutory excuse. Applicant(s) will need to conduct further checks at a later point.

 

All documents in List B must be valid (not expired) at the time of the right to rent check. Applicant(s) may have to undergo a check again as follows:

 

a) one year, beginning with the date on which the checks were last made, or

b) before the expiry of the applicant’s leave (immigration permission) to be in the UK, or (whichever is longer from a or b)

c) on the expiry of a applicant’s permission to stay in the UK as shown on their biometric residence permit).