Covid-19 update

As of 30 March 2020 and until further notice, arrangements for checks have been amended to allow checks to be made via video call. It remains essential to carry out and document checks in line with the Code of practice on illegal immigrants and private rented accommodation. Read the Government's guidance

During COVID-19 related restrictions, applicants may have greater than normal difficulty providing documents, in this case please follow the Code of Practice and use the Landlord Checking Service. Following the lifting of temporary arrangements, those covered by checks made under temporary arrangements will need to be re-checked within eight weeks.

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Home Office: Right to Rent checks, Covid-19 guidance.pdf

Right to Rent changes from 1 July 2021

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Right to Rent checks in 2021

Between 1 Jan and 30 Jun 2021 EU Nationals already resident in the UK, can continue to apply to the EU Settlement Scheme. During this period, applicants within the Right to Rent jurisdiction of England, must fulfil the requirements of the check and agents should fix a date for a follow up check.

While it looks likely there will be changes regarding the eligibility to rent based on nationality, it’s important to remember that any future changes cannot be backdated. Where an applicant meets the eligibility criteria, they must not be subject to discrimination.

Our involvement

We have written to the Home Office to warn that large numbers of tenants will not take part in duplicate checks. We remain part of the Home Office’s Landlord Consultative Panel intending to ensure that certainty for tenants, landlords and agents is achieved as soon as possible in the lead up to Brexit.

We continue to remind the Home Office that agents will not be able to determine which of their existing tenants are EU or Swiss nationals.

We have worked with Government extensively to understand their objectives and have helped to shape some of the areas around the scheme. List of accepted ID, user guidance published on, levels of enforcement activity and civil penalties and the methods of evaluation used to assess the effectiveness of the scheme are all areas that we’ve talked to the Home Office about.

The ARLA Propertymark team who are involved in Right to Rent involve Board members who are all experienced practitioners working across the UK. This gives a full range of perspectives and helps to raise a broad range of issues.

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Rachel Hartley Head of Marketing and Communications | Propertymark
A bearded man scratching his head
25 Mar 2022

Right to Rent FAQs

We have worked with the Home Office and UK Border Agency to answer the questions that are widely asked by landlords and letting agents regarding Right to Rent.

High Court review

No plans to roll the scheme out to the rest of the UK.

In March 2019, the High Court delivered a verdict in a case brought to them by parties including the Joint Council for the Welfare of Immigrants (JCWI) and the Residential Landlords Association (RLA). Judges ruled that the scheme is leading to discrimination and further evaluation must be carried out before the scheme is rolled out to Scotland, Wales and Northern Ireland.

In February 2017, ARLA Propertymark board members attended Home Office meetings to represent the concerns of members in Wales, Scotland and Northern Ireland along with flagging the issues that have been prominent during the early phases of the scheme.

Helping members to comply

Blue passport being stamped
02 Jul 2021
Fact sheet: Right to Rent Immigration Checks

Under the Immigration Act 2014, since 1 February 2016, all landlords of private rented accommodation in England have been required to carry out Right to Rent checks for new tenancy agreements to determine whether all adult occupiers aged 18 and over have the right to live in the UK.

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15 Mar 2017
Fact sheet: Immigration Act 2016

New agent and landlord offences contained within the Immigration Act 2016 came into effect in England on 1 December 2016. The aim of the Act is to tackle illegal immigration by making it harder to live and work illegally in the UK.

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