Right to rent checks have been around since 2014 under the immigration act. These checks are here for landlords to ensure tenants can legally rent your residential property in the UK [1]. This means all new tenants must go through a right to rent check, even if the landlord believes they have an “an unlimited right to rent”.
However, now we’re living in the post-brexit era – significant updates to the Right to Rent checks have been made. These new updates come into play as of the 1st July 2021.
What Are The Most Significant Updates In Right To Rent Checks?
The “Landlord’s guide to right to rent checks” states the most significant changes as:
- Changes to the way EEA citizens will prove their right to rent in England from 1 July 2021 in Annex C
- Changes to the acceptable document list, to remove the requirement of EEA passports, national identity cards and specified EEA Regulations documents, which only confirmed the individual’s nationality or that they were exercising EEA Treaty Rights from 1 July 2021
- Changes to the acceptable document list from 1 July 2021 to include:
- Irish passport and passport card
- A document issued by the Crown Dependencies Jersey, Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service
- A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020
- The temporary adjusted right to rent checking process during COVID-19.
Changes to how EEA Citizens prove their right to rent
Originally, the Freedom Of Movement Act meant EU & EEA citizens came under the “Unlimited right to rent” category pre-brexit. This meant that a member of the EEA would could provide their national identification as evidence towards proving their right to rent.
Now, it will also be necessary for a member of the EEA to provide evidence showing their immigration status. It is worth noting that EEA members who are already present in the UK will have digital evidence for their immigration status if they applied for “settled status”
To prove their right to rent from 1 July 2021, individuals will provide you with a share
Page 53, Landlords Guide To Right To Rent Checks
code and their date of birth which will enable you to check their Home Office
immigration status via the online service available on GOV.UK:
https://www.gov.uk/view-right-to-rent
Other forms of evidence will be held as physical documents, such as a visa.
Changes to the acceptable document list (REMOVED)
The following documents have now been removed from the acceptable documents for manual right to rent checks:
- EEA passports
- National identity cards
- Specified EEA Regulations documents
Changes to the acceptable document list (NOW ACCEPTED)
The following documents have now been added to the acceptable documents for manual right to rent checks:
- Irish passport and passport card
- A document issued by the Crown Dependencies Jersey, Guernsey or the Isle of Man, which has been verified as valid by the Home Office Employer Checking Service
- A frontier worker permit issued under regulation 8 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020
Temporary adjustments to Right To Rent Checks during COVID-19
To get the latest up to date guidance on Right To Rent Checks during covid-19 go to this webpage.
Currently (posted on 19th June 2021) the Covid-19 Right to rent check adjustments are:
- Ask the tenant to submit a scanned copy or a photo of their original documents via email or using a mobile app
- Arrange a video call with the tenant – ask them to hold up the original documents to the camera and check them against the digital copy of the documents
- Record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19″
- If the tenant has a current Biometric Residence Permit or Biometric Residence Card or as been granted status under the EU Settlement Scheme or the points-based immigration system, you can use the Home Office online service while doing a video call – the tenant must give you permission to view their details.
Despite the circumstances right to rent check must continue. Thanks to the Home Office’s online service, landlords are able to continue these checks digitally while ensuring everyone’s safety.
Remember: COVID-19 is NOT an excuse to not carry out these vital checks.
