Right to Rent checks – B5JSSK countries

Updated guidance has been released regarding Right to Rent checks for individuals from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA – also known as B5JSSK countries.  Since 20^th May 2019 individuals from these countries have been able to enter the UK using “eGates”.  This means that these individuals may not have a stamp in their passport or visa confirming their length of stay and associated conditions.  These individuals are receiving this information verbally from border control staff upon using the “eGate”.

This can mean that any individual from one of these countries may not have a stamp in their passport or visa but is automatically granted leave to enter the UK for a period of 6 months.  They also have the Right to Rent a property for the duration of their lawful stay.  However their passport will not be endorsed to show their date of entry and their documentation may not satisfy the current Right to Rent criteria.  Therefore some additional documentation will need to be requested.

Additional supporting acceptable evidence of entry to the UK may include one or more of the following:

• 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 (original or copy) 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 minimum period for a time limited check is 12 months and agents can only schedule a follow up check prior to the end of the 12 month period.  This is despite knowing that the tenant initially had leave to remain for only 6 months.  In most cases, the tenant will have either left the property or applied for a further period to remain in the UK.  If agents are challenged on this, evidence of a correctly administered 12 month check will provide a solid basis for a statutory excuse against civil penalty.

Further helpful information and guidance can be found on the gov.uk website.