Keeping track of legislation changes can be extremely challenging for landlords. This month, Anna Pettinger highlights new ‘right to rent’ rules introduced since Brexit…
I’ve heard ‘right to rent’ checks are changing. Is this correct?
The Immigration Act 2014 makes it a legal requirement for private landlords to carry out a right to rent check each time they let a property to someone without British citizenship.
From the beginning of this month, EEA and Swiss (EEA) citizens and their families must also be included in right to rent checks, as set out in the government’s code of practice. Previously, EEA tenants were treated like British citizens and could use their passport or national ID card as evidence of their right to rent.
The changes mean right to rent checks are now based on immigration status, not national identification. It is, therefore, vital that landlords and letting agents ensure the correct checks are being carried out, to ensure they don’t fall foul of the law. To help, the government has created a user guide.
How do I confirm the status of an EEA citizen and what happens if I don’t carry out the checks?
Any EEA national entering the UK as a visitor or business visitor, using e-gates, will have automatic leave for up to six months. They will not have any documentation to evidence their status, but can use a combination of their passport and evidence of entry to show they have the right to rent for the period of their stay.
It is understood checks on existing EEA tenants are not required. The new code of practice applies only to right to rent checks carried out after July 1 this year and designated repeat checks after this date.
Landlords can carry out online checks by accessing the Home Office’s remote service. If you do not comply with your obligations, you can be prosecuted and the tenancy terminated, if it transpires the individual letting your property does not have the right to rent.
Following the introduction of The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020, landlords can also use the Home Office’s online system to establish a statutory excuse against a civil penalty, if necessary.
We recommend that, prior to letting your property, you ensure you have carried out the necessary checks and you are familiar with the updated law.
For more information about the new right to rent rules, don’t hesitate to contact me. Email: anna.pettinger@tayloremmet.co.uk
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