Right To Rent red-tape no clearer under new immigration system

The Association of Residential Letting Agents has been informed that the controversial Right To Rent checks forced on to agents and landlords to conduct will remain unchanged when the new points-based immigration system is introduced.

From January 1 2021 the EU’s freedom of movement policy will come to an end, following the expiry of the UK’s Brexit withdrawal transition period.

However, ARLA says that the government is no closer to determining the future of Right To Rent - it merely says the current approach will remain in place next year.

The points-based system will require all applicants, from the EU and beyond, to demonstrate that they have a job offer from an approved sponsor, that the job offer is at the required skill level, and that they speak English.

In addition, if the applicant earns more than the minimum salary threshold then the individual would be eligible to make an application. If they earn below the required minimum they may still be able to come if they have a job offer in an occupation designated as being in need of additional expertise, or that they have a PhD relevant to the job.

“The government has clarified to ARLA Propertymark that agents should continue to undertake right to rent checks on EU nationals as you do now. There is no requirement for landlords or letting agents to determine an individual’s income/salary threshold before entering into a tenancy agreement” says a statement on the ARLA website. 

EU citizens living in the UK on December 31 this year are eligible to apply to the EU Settlement Scheme and will have until June 30 2021 to make an application. 

“As a transition measure, employers, landlords, and public service providers will continue to accept the passports and national identity cards of EU citizens as evidence of permission during this period, up until June 30 2021” explains ARLA.

The association adds: “We continue to remind the Home Office that as the UK transitions to new immigration arrangements, agents will not be able to determine which of their existing tenants are EU or Swiss nationals. We remain part of the Home Office’s Landlord Consultative Panel intending to ensure that certainty for tenants, landlords, and agents is achieved as soon as possible in the lead up to Brexit.”