Right To Rent: how will it work with Brexit Freedom of Movement rules?

The Association of Residential Letting Agents has asked the government for urgent clarification on how Right To Rent will work post-Brexit under new Freedom of Movement rules.

In theory, Britain leaves the EU in just 10 days time, placing letting agents and landlords once again on the front line of ‘patrolling’ control of migrants who may not be entitled to rent in this country.

ARLA has revealed its request in a statement following a letter it has received from Immigration Minister Caroline Nokes.

This appears to make no reference to post-Brexit controls but does say that Right To Rent continues as before - at least for now - despite a recent court ruling.

The High Court recently ruled that the scheme, introduced by the Immigration Act of 2014, is incompatible with human rights legislation.

However, the government has told ARLA that it is appealing the decision and until that case is decided, the Right To Rent checks continue. 

“There are no immediate changes to the operation of the policy. Landlords and letting agents are still obliged to conduct Right to Rent checks as required in legislation and they must not discriminate against anyone on the basis of their colour or where they come from” says Nokes in her letter to ARLA.

For the moment at least letting agents should continue to establish who will live in the property and obtain, check and copy one or more original documents that demonstrate the Right to Rent in the UK for all adult occupiers for that property in the presence of the holder.

The letter from Nokes says the government is considering options for further evaluation and monitoring of Right To Rent; part of this involves liaison with the Windrush Lessons Learned Review.

ARLA says that in addition to all that, the government’s Right to Rent Consultative Panel - which includes the association as a member - will meet on April 24 to look at the operation of the scheme and how to evaluate its impact on the behaviour of landlords and lettings agents.