Hi,
We invite all landlords to be aware of some changes due to Brexit that may impact some landlords and read the text below:
EEA citizens without lawful immigration status after 30 June 2021
There is no requirement for landlords to carry out a retrospective check on EEA citizens who entered into a tenancy agreement up to and including 30 June 2021, including where an EEA citizen provided you with their passport or national identity card to prove their right to rent.
You will have a continuous statutory excuse against liability for a civil penalty if you carried out the initial right to rent check in the prescribed manner as set out in legislation and this guidance.
However, we recognise that landlords may wish to ensure that their tenants have lawful immigration status in the UK.
There may be circumstances after 30 June 2021 in which you identify a tenant who is an EEA citizen who has not applied to the EUSS by the deadline and does not hold any other form of leave in the UK.
You may have chosen to carry out a retrospective check or have been made aware that your tenant does not have lawful status in the UK.
They may tell you that they have missed the deadline through no fault of their own. In these circumstances, you do not need to end their tenancy agreement, but you must make a report via GOV.UK to the Home Office in order to maintain your statutory excuse:
https://eforms.homeoffice.gov.uk/outreach/lcs-reporting.ofml
The British Landlord Association
Legal Team
01293 855700
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