There has been confusion over whether landlords renting their properties to students from overseas have to carry out 2 Right to Rent checks, when the tenancy is agreed, and when the student arrives. The RLA approached the Home Office for clarification and the response has made the situation somewhat clearer for landlords.

Where the potential tenant has no time limit to stay in the UK, Right to Rent checks can be completed at any point prior to the tenancy agreement being granted. However, where a student has a time limited right to remain in the UK the checks must be completed at least 28 days before the tenancy agreement is granted. Landlords can agree tenancies in principle in advance, but the immigration status of people with a time-limited right to remain can change so the Right to Rent checks must be completed within the prescribed 28 day period.

This has definitely clarified the situation, but if you need further advice, more information on the Right to Rent can be found here.

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