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Right to Rent guidance amended

This month the short guidance to Right to Rent (RtR) guidance has been amended by the Home Office, mainly to deal with B5JSSK nationals.

People who are allowed to reside in the UK are allowed to rent a property during their stay. This includes most people from Australia, Canada, New Zealand, Singapore, South Korea and the USA (collectively known as B5JSSK nationals).  Since 20 May the majority of B5JSSK nationals have been able to use the UK passport eGates at UK airports, sea ports, Brussels and Eurostar terminals, to enter the UK. Individuals must hold a biometric passport for the eGates but those that do not will be processed by Border Force officers in the usual manner. B5JSSK nationals will not have their passports endorsed with a stamp in the same way that UK nationals do not when travelling through most of the EU.

B5JSSK nationals entering as visitors for leisure or business will be granted automatic leave to enter for a maximum 6 month period. Those wishing to come for more than 6 months will be given a conventional visa and will thus be able to evidence their status in the UK.

If the letting is for less than 3 months and it is clear that the accommodation is being used for the purposes of a holiday then if it is reasonable to believe the property is for holiday accommodation there will be no need to conduct RtR checks.

If the property is not for holiday purposes those entering from B5JSSK countries for less than 6 months will still have the RtR. However, they will not hold any document which enables them to properly satisfy a RtR check as they will not have a passport with visa. Therefore, if they wish to rent a property the guidance states that they need to provide the landlord or agent with their passport and evidence of the date they last travelled to or entered the UK.

Evidence of last travel can include:

  • Original or copy of a boarding pass or electronic boarding pass;
  • Original or copy airline, rail or boat ticket or e-ticket;
  • Any type of booking confirmation which establishes the date an individual arrived in the UK; and
  • Any other document which establishes the date an individual arrived in the UK.

However, this guide has unfortunately been released prior to the Code of Practice being updated. Therefore, despite the guide stating that the Code of Practice will be updated as soon as possible, until this happens the guidance should be approached with caution. For those that need assistance now in respect of B5JSSK nationals we recommend that the Home Offices’ Landlord helpline or checking service is contacted.

Published 6 August 2019

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