Brexit and 'Right to Rent'

With the Brexit timeline extended to 31 January 2020, we wanted to take the opportunity to clarify how Brexit might affect the right to rent for EU, EEA and Swiss nationals. 

Recently updated guidance from the government has shed some much-needed light on this subject. In a few words, no changes will be made to the right to rent for EU, EEA and Swiss citizens and their family members living in the UK until 31 December 2020 if the UK leaves the EU without a deal. 

This blog aims to clarify common queries concerning tenancy agreements involving tenants of EU/EEA/Swiss nationality.

Can I still rent a property in the UK after Brexit?

The Government’s latest guidance on this is that nothing changes to the current right to rent checks until 31 December 2020. This means you can prove your right to rent using a passport or national identity card issued by Switzerland, an EU country or an EEA country. 

If needed, you can also prove your right to rent using other acceptable documents (see pages 4 & 5 of this checklist: )

Will Lenwell carry out right to rent checks on tenants after Brexit?

We will carry out right to rent checks on all new tenants before and after Brexit, as required by law. We will not retrospectively check EU/EEA/Swiss tenants’ right to rent if their tenancy agreement has started before 1 January 2021

It is advised that EU/EEA/Swiss citizens apply for settlement under the EU Settlement Scheme or apply for European temporary leave to remain, though your landlord and letting agent cannot require you to show that you have pre-settlement or settlement status until 1 January 2021

New government guidance will be issued in due course to clarify the right to rent procedures concerning tenancy agreements commencing after 1 January 2021. 

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