New advice on Right to Rent
Overview of the New Guidance
The Home Office has released updated Right to Rent guidance for landlords letting properties in England. This aims to address issues caused by recent changes to immigration procedures, ensuring landlords remain compliant with the law.
Guidance for B5JSSK Nationals
The new rules specifically address tenants from Australia, Canada, Hong Kong, Japan, Singapore, South Korea, and the United States (B5JSSK nationals) who are staying in the UK for up to six months. Since May, these nationals can use electronic gates at UK airports, resulting in passports without entry stamps.
Acceptable Evidence of UK Entry
Landlords can now accept the following as proof of a tenant’s arrival in the UK:
- An original or copy (hardcopy or electronic) of a boarding pass for air, rail, or sea travel showing the date of UK arrival in the past six months.
- An original or copy of an airline, rail, or boat ticket (or e-ticket) showing UK arrival within the last six months.
- Any type of booking confirmation (original or copy) for air, rail, or sea travel to the UK, confirming the date of arrival within six months.
- Any other documentary evidence establishing UK arrival in the last six months.
Holiday Lettings Exemption
Holiday lets of less than three months are exempt from the requirement to provide Right to Rent evidence.
Landlord Checking Service
If a tenant cannot provide the required documents, landlords can use the Landlord Checking Service to confirm their Right to Rent eligibility.
Record-Keeping Requirements and Learn More
Landlords must:
- Keep evidence of Right to Rent checks throughout the tenancy.
- Retain these records for 12 months after the tenancy ends.
- Ensure data is securely disposed of once it’s no longer required.
- For further details and to access the full updated guidance, click here.
Under Offer: This term applies to a property where the landlord is considering an offer but remains on the market. It implies that further offers may still be considered until the landlord formally accepts or declines the current offer.
Let Agreed: This term indicates that a landlord has provisionally agreed to enter into a rental agreement with a prospective tenant, pending additional checks and referencing. It doesn't require the prospective tenant to have paid a holding deposit.
Let: This term signifies an established binding rental agreement between the landlord and tenant.
For both lettings and sales, the guidance addresses additional terms:
New On The Market: This term is used for a property not advertised since its last sale or rental. It should only be used for a brief period.
New Instruction: It applies to a property assigned to an agent for marketing recently, even if it was previously listed with another agent without being sold or rented.
New and Exclusive: This term refers to a property that is either new on the market or a new instruction, exclusively available through a specific agent or portal.
New Method of Sale/Let: This term is used when a property is being marketed for sale or rent using an alternative approach to the original advertisement, such as transitioning to an auction or sealed bid.
Reduced: This term indicates that a property's price has recently been reduced. The reduction should be genuine and comply with the Chartered Trading Standards Institute's guidelines on pricing practices.