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Home Office changes landlords' Right to Rent guidance

right to rent jenrick

Landlords have been reassured that would-be tenants holding EUSS pre-settled status will get an automatic two-year extension before their status expires, unless they have already acquired settled status.

Immigration Minister Robert Jenrick (main picture) confirmed that right to rent guidance had been updated, along with the wording on the Home Office online checking service to highlight the extension. It aims to ensure that no-one loses their immigration status if they don’t apply to switch from pre-settled to settled status.

In a written Parliamentary question, SNP MP Stuart McDonald asked if landlords were aware that a share code showing an impending expiration date was actually an EUSS pre-settled status and that the expiry date shown was therefore incorrect and would be replaced with a new expiry date.

Jenrick explained: “If a right to rent check shows that someone is approaching the expiry date of their pre-settled status, employers and landlords will be aware, from the updated guidance and the updated wording on the online checking services, that a person’s pre-settled status will be extended.

Landlord checking

Once a person’s pre-settled status has been extended, the new expiry date will be reflected on the Home Office online checking services.”

When carrying out a check, landlords need to see an original form of ID in the presence of the prospective tenant, or use an approved identity service provider or view a tenant’s right to rent online via the Home Office ‘share code’ system.

From the start of 2024, fines increase from £80 per lodger and £1,000 per occupier for a first breach to up to £5,000 per lodger and £10,000 per occupier. Repeat breaches will be fined up to £10,000 per lodger and £20,000 per occupier, up from £500 and £3,000 respectively.

Recent Home Office data shows penalties issued to landlords during January to September increased to 75 from 24 during the same period in 2022.


Right to rent checks
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