Immigration status and housing rights: what you need to know as a tenant

Your immigration status can affect your housing rights in England. Some housing support is only available to people who have a right to reside in the UK, and landlords may be required to carry out Right to Rent checks before letting to you. Below, we explain how immigration status interacts with your housing rights.

Does my immigration status affect whether I can rent privately?

Yes, in some ways. Under the Right to Rent scheme introduced in England under the Immigration Act 2014, private landlords must check that tenants have a right to reside in the UK before renting to them. This applies to all adult occupants.

Landlords are required to check documents such as a passport, a visa, or a biometric residence permit. If you have the right to rent but only for a limited period, the landlord must carry out a follow-up check when that permission is due to expire.

The Right to Rent scheme does not apply to social housing tenancies.

What if my immigration status is uncertain or temporary?

If you have a time-limited visa or leave to remain, you still have the right to rent for the period of that visa. Your landlord can only refuse to rent to you if you have no right to reside in the UK at all.

If your immigration status changes during a tenancy, for example, if your visa expires, your landlord is permitted to end the tenancy in certain circumstances. However, they must still follow the proper legal process and cannot evict you without a court order.

Can I access homelessness assistance regardless of my immigration status?

No. Access to local authority housing assistance, including homelessness assistance, depends heavily on your immigration status.

People subject to immigration control, meaning most people who are not UK citizens, EEA nationals, or people with indefinite leave to remain, may be excluded from certain types of housing assistance.

The rules are complex. The key categories are:

No recourse to public funds (NRPF): Many visa types come with a condition of no recourse to public funds. This means the holder cannot claim most means-tested benefits or access homelessness assistance from the council. Housing Benefit and homelessness housing are classed as public funds.

Settled and pre-settled status (EU Settlement Scheme): Most people with settled status (indefinite leave to remain) have full access to housing support. Pre-settled status holders have more limited access, and the rules have changed following court decisions in recent years.

Refugee status and humanitarian protection: People who have been granted refugee status or humanitarian protection generally have the same access to housing support as British citizens.

If you are unsure of your entitlements, immigration advice is essential. Only consult a regulated immigration adviser, check using the Office of the Immigration Services Commissioner (OISC) register.

Does my immigration status affect my rights as a tenant?

No. Your right to live in a rented property without harassment, your right to have repairs carried out, and your protection from illegal eviction apply regardless of your immigration status.

Your landlord's duty to keep your home in repair under section 11 of the Landlord and Tenant Act 1985 applies to your tenancy, not to your nationality. If your home has damp, mould, broken heating, or structural problems, your landlord must fix them, whether or not you are a UK citizen.

What if my landlord threatens to report me to the Home Office?

This is a form of tenant harassment. A landlord cannot use threats about your immigration status as leverage to pressure you to leave a property or to avoid making repairs. Using someone's immigration status to threaten or intimidate them may constitute illegal eviction or harassment.

If this happens to you, contact the police and get legal advice immediately.

Where can I get advice?

• Joint Council for the Welfare of Immigrants, jwci.org.uk
• Shelter, 0808 800 4444 (housing advice)
• Citizens Advice, 0808 223 1133
• Migrant Help, 0808 8010 503

For regulated immigration advice, check the OISC register at gov.uk/find-an-immigration-adviser.

When should I contact Support for Tenants?

We handle housing disrepair claims. If you are renting in England and your home has disrepair your landlord has not fixed, you may be able to make a claim regardless of your nationality or immigration status.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Homes (Fitness for Human Habitation) Act 2018 (legislation.gov.uk)

Related articles

• How to report disrepair to your landlord
• Free housing legal advice in England