From 1st July this year prospective EEA tenants will no longer be able to rely on an EEA passport or national identity card as proof of their right to rent. They will need to prove their right to rent in the same way as non- EEA nationals do and as explained in the most recent guidance for landlords to be found at the link below.
Many will have settled status under the EU Settlement Scheme and will be able to prove their right to rent by providing landlords with a “share code” and their date of birth. These can be used to make checks through an online checking service and confirmation of settled status will give the prospective tenant a continuous right to rent.
Others will have a pre-settled status which can similarly be checked using the online checking service. Importantly, pre-settled status gives a prospective tenant a time-limited right to rent so follow up checks will need to be made.
Many will have applied for permission to remain in the UK under the EU Settlement Scheme but will be waiting for a decision. They will be legally able to rent until their application is decided and landlords will be able to make checks on their status as explained on page 57 of the guidance.
There is no need to carry out retrospective checks on EEA Citizens who entered into a tenancy agreement before 1st July.
Irish citizens can continue to use their Irish passport or an Irish passport card to prove their right to rent and have a continuous right to rent.
It is very important that landlords do not discriminate when checking the status of prospective tenants and that checks are conducted on all prospective adult tenants, including British Citizens.
For advice on the new guidance or on any aspect of the right to rent checks please contact us at firstname.lastname@example.org