Right to Rent Guide updated under RLA pressure

Under campaign pressure from the RLA, protesting that inadequate government guidance on Right to Rent checks could leave landlords exposed to prosecution, the Home office have now released an update on the official guide.

The risk to landlords has arisen since 20th May this year when nationals of Australia, Canada, Hong Kong, Japan, Singapore, South Korea and the United States (known as B5JSSK nationals) have been able to use electronic gates with biometric passports in UK airports,

These nationals then do not receive the normal passport stamps as they would do if being checked by a passport control officer leading to confusion on how to evidencing their leave to enter the UK.

It has now been confirmed nationals from these countries will be required to provide landlords with proof of the date they last travelled to or entered the UK along with their passport.

The following can be used as proof of date for travel:

• An original or copy of a boarding pass or electronic boarding pass for air, rail or sea travel to the UK, establishing the date of arrival in the UK in the last six months
• An original or copy airline, rail or boat ticket or e-ticket establishing the date of arrival in the UK in the last six months
• Any type of booking confirmation for air, rail or sea travel to the UK establishing the date of arrival in the UK in the last six months
• Any other documentary evidence which establishes the date of arrival in the UK in the last six months.

The Home Office guide is quoted below:

“What about individuals from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA (known as B5JSSK nationals) who do not have an endorsement in their passport to evidence leave to enter the UK?

“Since 20 May 2019, the majority of individuals from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA (known as B5JSSK nationals) have been able to use the eGates at UK airports, sea ports and Brussels and Paris Eurostar terminals, to enter the UK. Those individuals wishing to do so must hold a biometric passport. Those individuals not in possession of a biometric passport will be processed by a Border Force Officer at the manned passport control point. They will not have their passports endorsed with a stamp, instead individuals will be informed of their leave and its associated conditions orally by a Border Force Officer.

“Those entering the UK as a visitor or business visitor will be granted automatic leave to enter for a maximum period of up to six months. Those coming to live in the UK for more than six months will have a visa in their passport and will collect their biometric residence permit post arrival, providing them with a means of evidencing their status in the UK.

“Where B5JSSK nationals are entering the UK as a visitor for a period of six months or less, they will have the right to rent a property for the duration of their lawful stay. When entering the UK their passport will not be endorsed by Border Force. This means that those entering as visitors will not have a current document enabling them to satisfy a right”

Click here to download the Home Office ‘A short guide on right to rent’