Right to Rent law changes 2025: What landlords and letting agents need to know

On the 12^th of February 2025, the government published the current guidance to landlords on the subject of Right to Rent checks that need to be made whenever letting a property to tenants.

The guidance incorporates a number of changes that might appear relatively inconsequential. As the National Residential Landlords Association (NRLA) reminded its members on the 2^nd of January, it is illegal to let your property to someone without the Right to Rent – and penalties range from fines to imprisonment. In other words, the Right to Rent law establishes statutory obligations on landlords and letting agents – so, there is a critical need to know.

What’s new: The move to eVisas

Probably the most important change comes from the authorities’ discontinuing the use of previously valid Biometric Residence Permits (BRP) and Biometric Residence Cards (BRC) which showed the holder’s immigration status and, therefore, their Right to Rent.

Instead of using these, prospective tenants looking to prove their Right to Rent are now advised to create an online UK Visa Immigration (UKVI) account and the associated issue of an eVisa. Once it is set up, the prospective tenant can give a landlord or letting agent a UKVI share code – together with their date of birth – to prove a Right to Rent. In the meantime, pending the issue of an eVisa, prospective tenants can generate a share code by using their (now expired) BRP or BRC.

The switch to a more robust online system – agreed the National Residential Landlords Association (NRLA) on the 19^th of February – should eventually make life considerably easier for landlords and letting agents when complying with their statutory duty to conduct Right to Rent checks.

Right to Rent document requirements: Lists A and B explained

Of course, some prospective tenants will not have any form of digital proof and, so, the revised guidance also clarifies what documents can be used when Right to Rent checks must be conducted manually.

The documents are grouped into two categories – a so-called List A (those that can be used singly or supported by other documents) and List B (those that give only a temporary Right to Rent).

The document also clarifies the distinction between expired and cancelled passports and how these can be used in support of claims to a Right to Rent. A British or Irish passport that has been physically “clipped”, for example, is one that has been cancelled and cannot be used in support of a Right to Rent. An expired British or Irish passport, however, can be used in support of a Right to Rent.

There is also clarification on the use of Electronic Travel Authorisations (ETAs) which may be considered in the same way as valid passports in support of claims to a Right to Rent. ETAs are valid for up to six months only, so landlords and letting agents must check how long before the document expires.

Right to Rent and Ukrainian nationals

Annex C of the Right to Rent law, explains the current guidance, and also gives details about the various schemes available to Ukrainian nationals.

It confirms new facilities – the Ukraine Permission Extension (UPE) scheme, launched on the 4^th of February – that grants permission to eligible Ukrainian nationals to a further 18 months stay in the UK, with a Right to Rent, the entitlement to work or study, and to apply for welfare benefits as set out in other current schemes for Ukrainians.

FAQs about Right to Rent checks (2025 update)

What is the Right to Rent check?

It is a legal requirement for landlords and letting agents in England to verify a tenant’s immigration status before letting a property.

Do landlords still accept BRP or BRC cards?

No. These documents are no longer accepted for Right to Rent checks. Tenants must use an online UKVI account to obtain an eVisa.

How do tenants prove their Right to Rent with an eVisa?

They must provide a UKVI share code and their date of birth to the landlord or agent.

Can expired passports be used for Right to Rent checks?

Yes, expired British or Irish passports are still valid. However, cancelled or “clipped” passports are not.

What is List A vs List B in Right to Rent documents?

List A documents prove a permanent Right to Rent, while List B documents grant a temporary Right to Rent subject to follow-up checks.

Can landlords accept ETAs as proof?

Yes, but ETAs are valid for only six months. Landlords must verify the expiry date.

Are there special rules for Ukrainian tenants?

Yes, schemes like the UPE provide Ukrainian nationals with an extended Right to Rent along with work, study, and welfare entitlements.

Disclaimer: This article is for general information purposes only based on the author’s understanding of the law and does not constitute legal advice. Landlords and letting agents should always refer to official government guidance or seek professional legal advice before taking action.