This only applies to England
Right to rent checks from 1 July 2021
1 July saw the immigration rules, and therefore the right to rent rules, change for those from European Economic Area (EEA) countries and Switzerland.
For any EEA, EU or Swiss nationals that entered into a tenancy prior to 1 July 2021, there is no requirement to carry out further checks for the duration of the tenant’s tenancy, even if the tenancy is renewed for a further term. Moving to a new property would trigger the need for checks.
When looking for a new tenancy, an EEA, EU or Swiss citizen should have one of the following:
- Settled status – The applicant has the right to rent, no follow up checks are required.
- Pre settled status – The applicant will have a time limited right to rent and the landlord must carry out a follow up check. The Home Office online service will advise when the next check is required.
- Evidence of a points based immigration right from the Home Office for EEA citizens who have come to the UK to live, work or study.
Online checks can be made via the Home Office online checking service and with the person either face to face or by video call. There is no requirement to see documents as the right to rent check is carried out by the Home Office. The applicant first views their own right to rent record from the Home Office. They can share the information with the agent / landlord by giving the agent a share code and date of birth. The share code is only valid for 30 days. There is an option to download or print the applicant’s profile page. If the applicant does not want to share a share code with you then a manual check must be completed.
Checks via the Home Office online system can be for one of the following:
- Non-EEA citizens with a current biometric resident permit or card
- EEA citizens and their family members with status granted under the EU Settlement Scheme
- Those with status under the points-based immigration system
- British National Overseas (BNO) visa; or
- Frontier workers permit
The Home Office will advise when the next check will be required.
Citizens from Australia, Canada, Japan, New Zealand, Singapore, South Korea, USA, EEA or Swiss may have a biometric passport. This permits them entry into the UK for a maximum period of six months. They can prove their date of entry with a confirmation of travel, by a plane ticket for example. Having arrived within the last six months give an automatic right to rent and no further check is needed until they have been there for 12 months (even though the six month initial right will run out during that period).
If they wish to reside longer than six months, they may have a visa in their passport or they may qualify under the points based immigration or settled status rule above. Follow up checks may be required.
Please see the link for the latest right to rent checks: A user guide for tenants and landlords.
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