Right to Rent Asylum Seekers, Refugees and No Recourse to Public Funds

Asylum seekers and refugees represent some of the most complex right to rent scenarios a landlord can face. The verification route depends on where the person stands in the asylum process — and getting it wrong in either direction creates problems.

Refugees with Granted Leave

A person who has been granted refugee status holds leave to remain in the UK. They have a clear right to rent.

Refugees with digital immigration status (an eVisa through their UKVI account) verify their right to rent through the standard GOV.UK share code process, generating a code starting with 'R' for the landlord to check.

Some refugees who were granted leave before the digital transition may hold a physical Biometric Residence Permit. BRPs have been phased out as valid standalone proof for manual right to rent checks — even if the card has not yet expired on its face. The correct route is the online share code.

Because refugee leave is time-limited, the landlord has follow-up check obligations. The statutory excuse expires on the later of the permission expiry date or 12 months from the check.

Asylum Seekers Awaiting a Decision

An asylum seeker whose claim is pending with the Home Office has a different status. They may hold an Application Registration Card (ARC) and have been placed in Home Office accommodation, or they may be seeking private rented accommodation.

An asylum seeker with a pending claim may be unable to generate a standard share code. If the applicant cannot provide acceptable documents or a valid share code, the landlord uses the Landlord Checking Service:

1. Submit an LCS enquiry through GOV.UK using the applicant's name, date of birth, nationality, and Home Office reference number (typically the ARC number).
2. The Home Office responds — usually within two working days — with either a Positive Right to Rent Notice (granting permission to rent for 12 months) or a Negative Right to Rent Notice.

If the Home Office grants a Positive Right to Rent Notice, this is technically a "Permission to Rent" — a discretionary permission from the Secretary of State. It confirms the person may rent, even though their immigration claim has not been decided.

The landlord must not grant occupation until the Positive Right to Rent Notice is received. An LCS submission confirmation alone does not create a statutory excuse.

Permission to Rent: The 12-Month Cycle

Permission to Rent through the LCS creates a statutory excuse for exactly 12 months from the date specified in the notice. When the 12 months approaches expiry, the landlord must submit a fresh LCS enquiry:

• If the asylum claim is still pending, the Home Office typically issues another Positive Right to Rent Notice for a further 12 months.
• If the person has been granted refugee leave in the meantime, they can now generate a standard share code for direct verification.
• If the claim has been refused and all appeal rights are exhausted, the Home Office may issue a Negative Right to Rent Notice. The landlord must then report the situation to the Home Office and follow the possession process.

This annual cycle continues until the claim is resolved.

No Recourse to Public Funds

The "no recourse to public funds" (NRPF) condition is a restriction on a person's visa that prevents them from claiming most means-tested benefits and local authority housing assistance. It does not affect the right to rent.

A person with an NRPF condition on their visa can rent privately. Their right to rent is verified through the same route as any other visa holder — typically a share code check via GOV.UK. The NRPF condition may appear on the verification profile alongside the permission details.

What NRPF does affect:

• Housing benefit / Universal Credit housing element: not available, so the tenant must fund the rent independently
• Local authority homelessness assistance: restricted
• Council-allocated social housing: generally not available

None of these restrictions change the landlord's right to rent checking obligation or the validity of the tenant's immigration permission for renting purposes.

Discrimination Risks

The Discrimination Code of Practice specifically addresses the risk of landlords refusing to let to asylum seekers or refugees because the checking process seems complex. Refusing an application solely because the tenant is an asylum seeker, without attempting the LCS process, is potentially discriminatory.

The Code requires landlords to treat all applicants consistently. If a prospective tenant says their documents are held by the Home Office or they have a pending asylum claim, the correct response is to submit an LCS enquiry — not to reject the application.

Navigating Complex Status

The Right to Rent Checks in England guide covers the complete LCS process for asylum seekers and Permission to Rent holders, the follow-up cycle for annual renewals, and the verification routes for refugees with both digital and legacy documentation. It includes the decision map that routes every status category to the correct checking method.

See more England guides →