LANDLORD RIGHT TO RENT CHECKS

On 30 March 2020, temporary adjustments were made to the way in which landlord right to rent checks are being carried out during the temporary COVID-19 measures. These adjustments currently allow checks on all occupiers (age 18 or over) of the property to be carried out either by way of video calls or acceptance of scanned documentations. See https://www.gov.uk/guidance/coronavirus-covid-19-landlord-right-to-rent-checks#end-of-temporary-adjustments for further details.

From 17 May 2021, landlords will need to revert to carrying out checks in person with sight of original documentations or online provided the occupier has given their date of birth and ‘share code’. Follow-up checks are required where an occupier has limited time to remain in the UK.

There will be no need to carry out retrospective checks on occupiers who had a COVID-19 adjusted check between 30 March 2020 and 16 May 2021.

Brexit and EU nationals

It is worth noting that EU, EEA[1] or Swiss nationals still have the right to rent without a visa until 30 June 2021. After this date, they will need to satisfy the right to rent criteria and provide prescribed documents evidencing their right to reside in the UK.

There are many EU, EEA or Swiss tenants that rent in the private sector. We therefore advise landlords and agents to keep up to date with upcoming right to rent changes to ensure they remain compliant and avoid a civil penalty should it transpires that an occupier does not have the right to reside it the UK.

For more information on landlord right to rent checks, please contact Patricia Marleau on 01905 900 919 or at patricia@bradleyhayneslaw.co.uk.

[1] Includes EU countries, Iceland, Liechtenstein and Norway.