Government Update: Right to Rent Checks Remain Unchanged Until 2021

Earlier this month, the Government issued new guidance on right to rent checks post-Brexit. Like most things Brexit-related, there has been a lot of uncertainty about what will happen next. Landlords and lettings agents are rightly confused about what their rights and responsibilities will be once the UK leaves the EU later this year. In response, the Home Office has confirmed that there will be no changes made to existing legislation until 1 January 2021.

Understanding the Right to Rent for EU, EEA, and Swiss Citizens Post-Brexit

Under the law as it stands, anyone letting a property must check that prospective tenants have the legal right to rent a home before a new tenancy agreement is signed. 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 regardless of whether the UK leaves the EU with or without a deal. Letting agents and landlords 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.

No Retrospective Checks for Tenants Before 1 January 2021

Letting agents and landlords 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. The process for checking these tenants’ right to rent remains the same during this period.

Key Updates on Right to Rent for Irish Citizens and Landlords

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 by using their passport. However, the Home Office states that letting agents and landlords 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.

Landlords and Statutory Excuse for Civil Penalties

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. This is to ensure that landlords comply with the legal requirements.

What to Expect After 1 January 2021

Watch out for new guidance on how to carry out right to rent checks from 1 January 2021, which will be published in due course. In the meantime, landlords and letting agents can visit the government website at gov.uk for useful links and more information on right to rent checks.