EU, EEA and Swiss citizens’ right to rent in the UK post 30th June 2021 deadline for EU Settlement scheme status
One of the consequences of Brexit has been that EU, EEA and Swiss citizens who were resident in the UK before 31st December 2020 must apply for permission to stay in the UK before 30th June 2021. After 30th June 2021, EU, EEA and Swiss citizens who have not made an application under the EU Settlement Scheme will no longer be living in the UK lawfully and will no longer have the right to rent in the UK.
Right to rent for EEA nationals pre 30 June 2021
EU, EEA and Swiss citizens can continue to use their passport and national identity cards to evidence their right to rent until 30 June 2021, or if they have status under the EU Settlement Scheme or status under the points-based immigration system they can choose to evidence their right to rent using the Home Office online service.
There is no requirement for a retrospective check to be undertaken on EU, EEA or Swiss citizens who entered in to a tenancy agreement on or before 30 June 2021. The Landlord will maintain a continuous statutory excuse against a penalty if the initial checks were undertaken in line with this guidance.
Right to rent for EEA nationals from 1 July 2021
From 1 July 2021, the process for completing right-to-rent checks on EU, EEA, or Swiss citizens will change. Landlords will no longer be able to accept EU passports or ID cards as valid proof of right to rent, except for Irish citizens and will instead be required to undertake a right to rent check on the EU, EEA and Swiss citizens.
There are two types of right-to-rent checks: a manual check and an online check. The type of check the landlord needs to conduct will depend on the status of the individual that the landlord intends to rent to.
An online right-to-rent check is required for individuals who only hold digital proof of their immigration status in the UK. This applies to most EU, EEA and Swiss citizens who have been granted leave under the EU Settlement Scheme.
To carry out an online right to rent check, the landlord will need the applicant’s date of birth and their share code, which they will have obtained online. The Landlord can then complete the check online by visiting GOV.UK/view-right-to-rent
A manual check can be completed for EU, EEA and Swiss citizens who hold another form of leave in the UK, which is held in a physical document, for example an endorsement in a passport, visa or vignette.
Landlords must carry out a right-to-rent check for every tenant from 1st July 2021. Landlords can face a civil penalty of up to £3,000 for each tenant who does not have a right to rent in England and where correct checks were not undertaken.
Irish citizens’ right to rent
Irish citizens will continue to have the right to rent and prove their right to rent as they do now even after the 30th June 2021, for example using their passport.