How will Brexit affect your tenants’ right to rent?

The rights and status of EU, EEA (which includes the EU countries and Iceland, Liechtenstein and Norway) and Swiss citizens living in the UK will remain the same until 30th June 2021, if the UK leaves the EU with a deal.

What’s changing for citizens from the EU, EEA and Switzerland?

Most citizens from the EU, EEA and Switzerland, and the family members of EU, EEA and EU countries who are living in the UK will need to apply to the EU Settlement Scheme to continue living in the UK after 30th June 2021. Successful applicants will be granted either settled or pre-settled status. The application deadline is 30th June 2021, however, if the UK leaves the EU without a deal, the application deadline will be 31st December 2020.

Citizens who are granted settled status can stay in the UK as long as they like and will also be able to apply for British citizenship if eligible. Citizens who are granted  pre-settled status can stay in the UK for a further five years from the date they get pre-settled status, however, they can apply to change to settled status once they’ve lived in the UK continuously for five years.

Those with British or Irish citizenship (including dual citizenship), indefinite leave to enter the UK, or indefinite leave to remain in the UK, will not need to apply to the scheme.

How does this affect right to rent checks?

The government issued Brexit guidance for letting agents and landlords earlier this year that said there would be no change to the way EU, EEA and Swiss citizens prove their right to rent until 1st January 2021. 

This remains the same if the UK leaves the EU with or without a deal. You do not need to check if new EEA and Swiss tenants arrived before or after the UK left the EU, or if they have status under the EU Settlement Scheme or European temporary leave to remain. You will not need to retrospectively check the status of EU, EEA or Swiss tenants or their family members who entered into a tenancy agreement before 1st January 2021. 

It’s not yet clear what the process will be after 1st January 2021.

It's important to note that this article isn't exhaustive and doesn't constitute legal advice. Visit gov.uk for the latest Brexit advice.