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Home Office Clarification On 'Right to Rent' For Students

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Home Office Clarification On 'Right to Rent' For Students

The Government has addressed the confusion over rules regarding Right to Rent checks on foreign students coming to start courses in the UK.

The RLA approached the Home Office asking for clarification on whether checks must be carried out twice - when agreeing the tenancy, potentially months in advance, and again 28 days or less before students were due to move in.

The Government has replied, saying that where a person has no time limit to stay in the UK, such as UK citizens and EU nationals, checks can be undertaken at any point before the residential tenancy agreement is granted, for example when they originally sign up.

However, where a person has a time limited right to remain in the UK checks should be undertaken not more than 28 days before the residential tenancy agreement comes into effect. In this latter situation follow up checks are required.

In the case of students with time limited right to remain landlords can arrange tenancies in principle in advance, but must carry out the checks within the specified 28 day period as immigration status can change over time. In addition to this migrants coming from abroad may not have the documentation to pass a check until they have arrived in the UK.

Exemptions already exist for halls of residence and where educational institutions nominate a student to a property.

For more information on Right to Rent click here.

Obviously, where a potential tenant has a British or European Union passport and you have seen this, that is sufficient and you do not need to recheck it within 28 days of the tenant moving in.

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About the author

Martin Silman

Martin began his landlord journey 30 years ago, while working in an international role for a global telecommunications company. Since retiring he has extended his portfolio, which he manages with his wife, but has always focussed on the ‘small student HMO’ sector preferring to offer homes in the community for small groups to the more common ‘pack them in and take the money’ mentality. He has chaired the PDPLA for the past 12 years and has overseen the Associations transition from small local self-help group to a much larger and more professional institution which is recognised and listened to nationally. Alongside his PDPLA role, he also has leadership roles in a number of other local organisations – bringing his unique perspective, driving for change and increased use of technology while respecting the history that brought us here.

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