Detailed guide: Right to rent checks for EU, EEA and Swiss citizens after Brexit

Home Office Building - London - by .Martin. via Flickr

Detailed guide: Right to rent checks for EU, EEA and Swiss citizens after Brexit

 

 

Landlords and letting agents should continue to conduct right to rent checks on EU, EEA and Swiss citizens in the same way as now, usually by checking and making a copy of an EEA national’s passport or identity card, until 1 January 2021.

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Right to rent checks

Until 1 January 2021 EU, EEA and Swiss citizens will continue to be able to prove their right to rent in the UK as they do now, for example by showing their passport or national identity card.

There will be no change to the way EU, EEA and Swiss citizens prove their right to rent until 1 January 2021. This remains the same if the UK leaves the EU with or without a deal. You do not need to check if new EEA and Swiss tenants arrived before or after the UK left the EU, or if they have status under the EU Settlement Scheme or European temporary leave to remain. You will not need to retrospectively check the status of EU, EEA or Swiss tenants or their family members who entered into a tenancy agreement before 1 January 2021.

Check your tenant’s right to rent.

Irish citizens will continue to have the right to rent in the UK and prove their right to rent as they do now, for example using their passport.

You should continue to conduct right to rent checks on all prospective tenants to comply with the code of practice on illegal immigrants and private rented accommodation and the code of practice for landlords: avoiding unlawful discrimination.

As is currently the case, in order for a landlord to obtain a statutory excuse from a civil penalty when letting to the non-EEA family member of an EU, EEA or Swiss citizen, the prospective tenant will need to show Home Office issued documentation as set out in the legislation and guidance.

New guidance on how to carry out right to rent checks from 1 January 2021 will be issued in due course.

Immigration to the UK from 1 January 2021

The future skills-based immigration system white paper sets out the government’s plans to introduce a new single immigration system from 1 January 2021.

More detailed information will be provided in due course.

 

Click here to read more.