What is a right to rent check? A quick overview:
All landlords in England, have a responsibility to conduct right to rent checks on all prospective adult tenants before the start date of a tenancy agreement. These checks are conducted to prevent those without lawful immigration status from accessing the private rented sector by ensuring the person’s immigration status does not disqualify them from renting a property.
Recent changes in guidance for landlords:
UK Visas and Immigration Enforcement have recently announced that further changes have been made to the supporting guidance relating to both an employer’s right to work checks and a landlord’s right to rent checks.
The changes are made further to the announcement on 6 August 2021 that there would be ‘temporary protection’ for late applicants to the EUSS (and joining family members) after 1 July 2021 while their application is pending. These changes mean that EU Settlement Scheme (EUSS) applicants and joining family members will now be able to enter into new tenancy agreements whilst awaiting the outcome of their EUSS application.
How to check a person’s right to rent:
According to Home Office guidance, where a prospective tenant has a Certificate of Application (CoA) confirming a valid application to the EUSS made on or after 1 July 2021, landlords should verify this with the Home Office Landlord Checking Service (LCS).
The Home Office online service allows individuals to prove their right to rent by providing the landlord with a share code and their date of birth, enabling the landlord to check their Home Office immigration status.
Since 1 July 2021, the majority of European Economic Area (EEA) citizens prove their right to rent using the Home Office online service. Those who have made a successful application to the EUSS will have been provided with an eVisa and can only prove their right to rent using the Home Office online service. To check an individual’s right to rent using the online service follow this link: https://www.gov.uk/view-right-to-rent
You will obtain a statutory excuse against liability for a civil penalty if you carry out the check using the Home Office online service as set out in the Government’s guidance.
To get advice on the full Government guidance, please contact us on 0203 627 9727 or drop us an email at info@hillarycooperlaw.co.uk and a member of our client support team will book you in for a free 30-minute initial consultation with one of our highly qualified solicitors.
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