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Home office clarification on Right to Rent for students

Sally Walmsley
Written by Sally Walmsley

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.

About the author

Sally Walmsley

Sally Walmsley

Sally Walmsley is the Magazine and Digital Editor for the NRLA. With 20 years’ experience writing for regional and national newspapers and magazines she is responsible for editing our members' magazine 'Property', producing our articles for our news site, the weekly and monthly bulletins and editorial content for our media partners.

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