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 open to people with a right to reside in the UK. And landlords may have to run Right to Rent checks before letting to you. Below, we explain how immigration status and housing rights fit together.

Does my immigration status affect whether I can rent privately?

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

Landlords must check documents such as a passport, a visa, or a biometric residence permit. You may have the right to rent for a limited period only. Then the landlord must run a follow-up check when that permission is due to run out.

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.

Your immigration status may change during a tenancy. For example, your visa may run out. Your landlord is then allowed to end the tenancy in certain circumstances. But they must still follow the proper legal process, and they 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 may be shut out of certain types of housing help. That covers most people who are not UK citizens, EEA nationals, or holders of indefinite leave to remain.

The rules are complex. The key categories are:

No recourse to public funds (NRPF): Many visa types carry a no-recourse condition. The holder cannot claim most means-tested benefits, or get homelessness help from the council. Housing Benefit and homelessness housing count 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. The rules have shifted after 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 what you are entitled to, immigration advice is essential. Only use a regulated immigration adviser. Check 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 to push you out of a property, or to dodge doing repairs. Using someone's immigration status to threaten or intimidate them can amount to 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 help tenants with 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