As if we weren’t fed up of hearing about Brexit already, Amana Lettings, Property Management Crewe are here to tell you about the changes to ‘right to rent’ documents that go hand in hand with Brexit.
Most private rented sector tenancies in England require that the tenant evidence a right to rent, there are some exceptions but in this instance our members tenants have ASTs, and therefore need to demonstrate a right to rent.
This can be done through checking suitable documents from either List A and B, or verifying a share code if the tenant can provide one.
Historically, the landlord had to check original documents in person with the prospective tenants present.
However during the coronavirus pandemic, the Government has temporarily adjusted Right to Rent checks, to allow for a remote check to be completed.
To do this, the tenant must email over copies of the documents from List A or List B for the landlord to print off. They should then have a video call with the landlord where they can show the landlord the original copy of the document. If the landlord is satisfied the copy they were emailed matches the original, then they can mark that copy with the phrase ‘an adjusted check has been undertaken on [insert date] due to COVID-19’.
Once the coronavirus measures end, a follow up check will be required in person. As yet, no date has been set for these temporary measures to end – surprise, surprise!
There are a few changes which, hopefully will make right to rent checks a little easier and more “fool proof” going forward, the first one starts with Share Codes. We understand that it’s not possible to always check tenants ID face to face (sometimes tenants may be moving from abroad and / or be isolating, which is where Share Codes come in – but what are they?
A new permanent change to the right to rent system was put in place during the coronavirus as well. The new digital right to rent service allows some tenants to prove their right to rent status by giving the landlord a ‘share code’ and their birth date.
With that information the landlord can then check the tenant’s right to rent status on the online portal.
More information on right to rent checks and how to perform them is available in our guidance for members.
Brexit and Right to Rent checks
This brings us to our main question, our member wanted to know if Right to Rent checks had changed due to Brexit.
The answer, for now, is that they haven’t. Entrants from the EEA can still prove they have a permanent right to rent status by showing the landlord their national identity card or their passport. Alternatively, if they qualify under the EU Settlement Scheme or the points based immigration system, they can apply for a share code as evidence of their status.
This arrangement will remain in place until at least the end of June 2021.
As EEA nationals currently have permanent right to rent status, this also means that landlords will not need to check again with these tenants if the checks are performed and the tenancy agreement is entered into before 30 June 2021.
What happens after 30 June 2021?
The Government has committed to providing further guidance on right to rent checks for prospective EEA tenants ahead of 30 June 2021. However, this has not been published yet.
If you have any questions, please comment below or contact us