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Right to rent checks

Landlords   |   July 2, 2021   |   twentytwo

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Heard about right to rent checks changing?

There have been changes to legislation in the way landlords and letting agents will carry out right to rent checks for EEA citizens.

Since the UK has left the European Union and the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 ended free movement law in the UK on 31st of December 2020, there has been a grace period since the start of January 2021.

For 6 months, it has allowed eligible EEA citizens and their family members resident in the UK by the end of 2020 to apply to the EU Settlement Scheme (EUSS). This period ended on 30th June 2021.

What is the right to rent?

Before a landlord or letting agent agrees to let a property they must check the tenant is legally in the UK and can rent a residential property.

Who has the right to rent?

The following groups of people currently have an unlimited right to rent:

  • British citizens
  • people who have the right of abode in the UK
  • people who have been granted indefinite leave to remain
  • people who have no time limit on their stay in the UK

What is the change happening for EEA citizens?

There won’t be a need for a retrospective check on EEA citizens who entered a tenancy agreement up to and including the 30th of June 2021.

However, from the 1st of July 2021, EEA citizens and their family members require immigration status in the UK. They will need to show evidence of their lawful immigration status in the UK just like foreign nationals.

The EEA citizens who have managed to successfully apply for the EUSS will be able to prove their right to rent using the Home Office online checking service. It is digital evidence of their immigration status.

Are there exceptions?

Exceptions to the Home Office online service when EEA citizens are proving right to rent are as follows:

  • Frontier Worker Permits
  • Service Provider of Switzerland visas
  • Outstanding applications to UK EUSS
  • Outstanding applications to Crown Dependency EUSS
  • EEA citizens with Indefinite Leave to Enter or Remain
  • EEA citizen visitors
  • Points-Based System visas

The up to date process that accompanies the legislative change can be found on GOV.UK

Looking to start your letting journey or add to your portfolio? Our letting agents are experienced and knowledgeable. We are thorough and up to date on the latest legislation, it’s part of our professional letting service. Find out our letting process here.

Are you looking to let in Hertfordshire, Essex or the surrounding areas? Our free property valuation will help you understand what your rental yield will be. Or, if you have any questions, feel free to get in touch.

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