The government has reassured landlords that they won’t need to evict a tenant who doesn’t have settled status under the EU Settlement Scheme (EUSS) unless issued with a ‘Notice of letting to a disqualified person’ by the Home Office.

Its guidance states that from 1st July, if a tenant can’t produce evidence of their continued right to rent, landlords must make a report to the Home Office to maintain their statutory excuse – or face a civil penalty.

If a tenant can’t produce any documents but claims to have an ongoing application or appeal with the Home Office or that they have permission to rent, landlords need to request a Right to Rent check from the Landlord Checking Service.

If the response is positive, this document will also establish a statutory excuse, but if it’s negative, landlords would then need to make a report to the Home Office.

Small number

A spokesman tells LandlordZONE: “In these circumstances, most migrants will have taken action to extend their leave or have returned home, only a small number remain in the UK without permission.”

Meanwhile, Home Office minister Kevin Foster (pictured, below) has urged landlords not to discriminate against EU nationals caught up in the application farrago.

right to rent foster

In response to a Parliamentary question from the SNP’s Stuart McDonald, who asked what the government was doing to ensure that any renters with outstanding applications was protected from discrimination, Foster said those who had made a valid application to the EUSS before the 30th June deadline would be protected while waiting for the outcome.

This included any appeal against a decision to refuse status.

He added: “Someone who applies by 30th June and has not yet been granted status under the EUSS can continue to live their life in the UK as now, until their application is finally determined. Employers and landlords should provide individuals with every opportunity to demonstrate their right to work and rent and should not discriminate on the basis of race or any of the other protected characteristics.”

Check your tenant’s right to rent – GOV.UK (

Pic Credit: Steve Cadman/Flickr


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