After 30 June 2021, Brexit and right to rent means that European Union citizens should all have had the opportunity to apply for Settled Status or Pre-Settled Status in the United Kingdom. Settled Status will entitle EU citizens to work and live in the UK, as well as benefit from public services. Tenants from the European Union with Settled Status can provide landlords with a share code to prove their residence entitlement.
Landlords on the other hand, need to ensure they have done proper checks on their tenants’ status. If you are a landlord with EU tenants, no matter how long they’ve been your tenants, you need to ask for a share code that gives you access to your tenant’s status in the UK. Failure to do this could cost you a fine of up to £3,000. For further details you can check one of our earlier article and we highly recommend that you check the government’s website – Check your tenant’s right to rent documents.
By the 1st of July 2021 all landlords and tenants should be up to speed with immigration checks. Tenants should have an assured short hold tenancy agreement, which gives tenants increased protection from eviction. With an excluded tenancy agreement, normally for those sharing a house or lodging, there’s much less protection from eviction. Landlords cannot immediately evict tenants without good cause. Lack of evidence that the tenant is entitled to reside in the UK isn’t a good cause, especially during the pandemic. If in doubt, contact the Home Office for advice.
There are Home Office delays in issuing Settled Status to EU citizens, especially because of the pandemic. Landlords must take this into account. If tenants haven’t been able to provide the share code to prove their legal status, landlords can contact the Home Office for advice. We’re not immigration lawyers but we are qualified and experienced property lawyers that can help draft tenancy agreements and can advise landlords if they need to evict a tenant if no proof of Settled Status has been provided. Equally, we can advice tenants who face eviction for no good cause. Please give us a call if you are affected by any of these issues. SG
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