Right to Rent has been around for ten years, and in that time the rules surrounding checking the residence status of people wishing to rent property in the private sector have changed several times. In essence, these are identity checks, designed to make sure that anyone who is a tenant has the legal right to be in the UK. The government has recently promised that changes to the “Right to Rent” rules will simplify the process for letting agents and landlords to verify tenants’ status. Despite the recent announcement of a general election, these changes are still likely to take effect and will mainly have an impact on people from the European Union who have found that their status may have changed after the Brexit negotiations.
EU Settlement Scheme and Right to Rent
Under the current EU Settlement Scheme, individuals with “pre-settled status” should have an easier time proving their status, according to government officials. The changes should make sure that anyone who is a national of an EU country and who has not immediately applied for settled status in the UK should not lose their right to remain in the UK and will still have the right to live and work here and rent property here. The Home Office will extend the duration of “pre-settled status” for EU nationals from two to five years, and the expiry date of pre-settled status on digital profiles used in online checking services for Right to Rent will be removed.
Increased Fines for Landlords
Many EU nationals who are currently listed on tenancies in the UK were concerned about losing their rights because of delays applying for fully settled status, and the Home Office has reassured them that this is not the case.
At the same time as the government is taking steps to reassure tenants that their rights will not change, they are ramping up the potential sanctions for landlords and their agents. In 2023, significant increases in fines for letting agents failing to complete Right to Rent checks were announced. For landlords, fines for first breaches increased from £80 per lodger and £1,000 per occupier to up to £5,000 per lodger and £10,000 per occupier. Repeat breaches can result in fines of up to £10,000 per lodger and £20,000 per occupier, up from £500 and £3,000, respectively. These higher penalties came into effect at the beginning of 2024.
These increased fines will impact every tenant, as it is in the landlord or agent’s interests to carry out more detailed levels of checks than before, to avoid any possibility of being fined. Every adult over the age of 18 who will be living in the property should have their identity and nationality details checked during the Right to Rent process, whether their name appears on the tenancy agreement or not. Landlords or agents will want to keep copies of passports and other documents as a way of proving to the Home Office that the correct checks have been done, should they ask.
