What Happens When a Tenant's Immigration Status Changes After a Right to Rent Check?

Verifying a tenant's right to rent is essential before the start date of the lease agreement. Landlords and agents must check the immigration status of all adults living on the property before the tenancy begins. Those who enter the United Kingdom as visitors or business visitors using electronic doors will receive an automatic entry permit for a maximum period of up to six months, so they won't have a document proving their legal status in the UK. It is important to follow the Code of Practice on Illegal Immigrants and Private Rented Housing. Passports or immigration documents can be used to prove right to rent if permission from the Home Office is shown.

For more information, contact Paul McCarthy, senior associate on the immigration team. The ARLA Propertymark team that participates in Right to Rent has members of the board of directors, all experienced professionals who work on everything related to the UK. If the tenant has a limited-time rental right, the check must be done 28 days before the start date of the rental. Documents from lists A and B accepted as valid rent-entitlement checks will no longer include passports or national identity cards of EU, EEA or Switzerland. Those who have left Ukraine due to war have the right to rent as long as they have permission from the Home Office to stay in the UK.

If they have a visa or residence permit for more than one year, landlords must do a follow-up check when their permit ends. The Home Office and UK Border Agency have answered frequently asked questions from landlords and tenancy agents about right to rent. It is important to remember that any future changes cannot be retroactive. If someone is told they don't have the right to rent or their permit has expired, they should seek immigration advice. This change does not affect Irish citizens, who can continue to use their passports to prove their right to rent in the UK. Landlords can carry out an online verification by accessing the Home Office's online service “View a tenant's right to rent in England” on GOV.

The objective of this law is to combat illegal immigration by making it difficult for people to live and work illegally in the UK. If someone's visa or residence permit expires within one year, landlords must perform a follow-up check after one year if they are still living there.

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