Residential tenancies and the Immigration Act—'Right to Rent'

The following Property practice note provides comprehensive and up to date legal information covering:

  • Residential tenancies and the Immigration Act—'Right to Rent'
  • Background—the 'right to rent' scheme
  • Which tenancies are affected?
  • Affected tenancies
  • Excluded tenancies
  • Does an individual have a 'right to rent'?
  • Landlords' duties
  • Who is responsible for conducting checks under the scheme?
  • Agents
  • How to establish a statutory excuse for right to rent checks
  • More...

Residential tenancies and the Immigration Act—'Right to Rent'

Coronavirus (COVID-19): This Practice Note contains guidance which may be impacted by the government’s response to the COVID-19 outbreak. For further guidance, see: Coronavirus (COVID-19)—implications for property—Landlord’s Right to Rent obligations—temporary arrangements.

Code of practice: The UK left the European Union and the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 ended free movement law in the UK on 31 December 2020. A grace period of six months began on 1 January 2021, during which time relevant aspects of free movement law were saved to allow eligible EEA and Swiss citizens and their family members resident in the UK by 31 December 2020 to apply to the EU Settlement Scheme (EUSS). The grace period ended on 30 June 2021 (although limited provision for late applications to the EUSS remain). The Code of practice on right to rent: civil penalty scheme for landlords and their agents came into force on 1st July 2021 and updated the previous code that was issued on 2 November 2020 (Code of Practice on right to rent: Civil penalty scheme for landlords and their agents). The new code has been updated to reflect the Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal Premises and License) (Forms) Order 2021 (SI 2021/689), which makes a

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