In order to be a compliant landlord, it’s important that you are familiar with the Right to Rent scheme. This government policy requires landlords to verify that their tenants have the legal right to rent property in the UK. The scheme was introduced in 2016 to tackle illegal immigration and promote compliance with UK immigration laws.

However, recent changes to the scheme have had a significant impact on EU, EEA, and Swiss citizens living in the UK. In this blog post, we’ll explore the key changes to the Right to Rent scheme and how they have impacted landlords.

The Previous Right to Rent Scheme

Prior to Brexit, the Right to Rent scheme applied to all tenants, regardless of their nationality or immigration status. Landlords were required to check that their tenants had the right to rent property in the UK by requesting and verifying certain documents, such as passports or visas.

Under the previous scheme, EU, EEA, and Swiss citizens were treated the same as British citizens. They were not required to provide additional documentation to prove their right to rent.

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The Impact of Brexit on Right to Rent

The UK’s departure from the European Union has had a significant impact on the Right to Rent scheme. Since 1st July 2021, EU, EEA, and Swiss citizens have been required to provide evidence of their right to rent by showing acceptable documents such as a UK Visa or biometric residence permit (BRP). 

These documents need to be current and valid, and landlords must verify them in person or via video call depending on the document being used. For example, an online right-to-rent check is required for individuals who only hold digital proof of their immigration status, such as a share code generated using a BRP. 

The Impact on Landlords

The changes to the Right to Rent scheme have created challenges for landlords. They may need to adapt their existing procedures to ensure they comply with the new requirements, which could be time-consuming and costly.

Additionally, some landlords may be unsure about how to navigate the new requirements and may unintentionally discriminate against EU, EEA, and Swiss citizens by not renting to them due to the additional checks that need to be made.

To avoid these challenges, landlords can take steps to ensure compliance with the new requirements, such as:

• Familiarising themselves with the new requirements for EU, EEA, and Swiss citizens.
• Ensuring that they have up-to-date information on immigration status and rights to rent.
• Staying informed about any future changes to the Right to Rent scheme.

Practical Guidance for Landlords

To stay compliant with the new Right to Rent rules, landlords should follow these practical guidelines:

• Check tenants’ right to rent before the tenancy starts.
• Keep a record of the checks you carry out and any documents you accept.
• Only accept original documents, not copies.
• Carry out checks in person or via video call.
• If a tenant’s right to rent is time-limited, carry out follow-up checks either a year after the initial check is completed or when the document expires, whichever is longest

It’s also essential for landlords to avoid discrimination while complying with the new rules. They should treat all potential tenants equally and not discriminate on the basis of their immigration status.

Conclusion

The changes to the Right to Rent scheme have had a significant impact on EU, EEA, and Swiss citizens living in the UK. As a landlord, it’s important to ensure that you are aware of and compliant with the new requirements.

By taking steps to adapt your procedures, you can navigate the changes to the Right to Rent scheme and ensure that you continue to provide a fair and equal service to all tenants.

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