Right to Rent EU Settlement Scheme: Checking Settled and Pre-Settled Status

EU and EEA nationals who remained in England after Brexit now hold their immigration status through the EU Settlement Scheme — and the verification route a landlord uses depends entirely on whether that status is settled or pre-settled.

Settled Status: Unlimited Right to Rent

An applicant with EUSS settled status has an unlimited right to rent. They hold indefinite leave to remain, which means no follow-up checks and no expiry date to track.

Settled status holders prove their right to rent in one of two ways:

• GOV.UK online share code: The tenant generates a 9-character code starting with 'R' through their UKVI account. The landlord enters the code and the tenant's date of birth on the GOV.UK verification portal, confirms the photograph matches the person, and saves a dated printout.
• Certified IDVT (for British or Irish passport holders who also have settled status): If the tenant also holds a valid British or Irish passport, a landlord can use a registered Digital Verification Service Provider instead.

Physical documents like EU national identity cards and old-format residence cards are no longer accepted for right to rent manual checks. The EUSS moved entirely to digital proof, so the share code route is the standard path.

Once verified, the statutory excuse is continuous — it lasts for the duration of the tenancy with no calendar follow-up required.

Pre-Settled Status: Time-Limited Right

Pre-settled status grants a time-limited right to rent. The landlord should record the permission expiry date shown on the GOV.UK profile and schedule a follow-up check.

The verification route is the same — a GOV.UK share code starting with 'R' — but the outcome triggers follow-up obligations:

1. The landlord records the expiry date shown on the GOV.UK profile.
2. A follow-up check must be completed by the later of the permission expiry date or 12 calendar months from the original check.
3. If a pending EUSS application comes with a Certificate of Application that requires confirmation, the landlord submits an enquiry to the Landlord Checking Service. A Positive Right to Rent Notice establishes a 12-month statutory excuse.

If the GOV.UK service cannot confirm a current right to rent, the landlord must submit an LCS enquiry when a pending application or Certificate of Application requires confirmation. For a prospective tenant, do not grant occupation until a Positive Right to Rent Notice is received.

Certificate of Application (CoA) Holders

Some EUSS applicants — particularly late applicants or those with complex cases — hold a Certificate of Application rather than a confirmed status. Where the application requires Home Office confirmation, the landlord must submit an enquiry to the LCS.

For CoA holders whose status requires confirmation, the Home Office will either confirm a right to rent with a Positive Right to Rent Notice, establishing a 12-month statutory excuse, or confirm that the applicant has no right to rent. The LCS aims to respond within two working days.

Until the LCS responds, the landlord cannot grant occupation. Holding a CoA alone does not establish a statutory excuse.

Common Mistakes with EUSS Tenants

Accepting expired physical documents. A pre-2025 EU residence card or old BRP with an EUSS endorsement is not valid for a manual check. The tenant must use the online share code system.

Using a Right to Work code. EUSS holders can generate share codes for both employment and renting. Only codes starting with 'R' are valid for right to rent — a 'W' code from an employer check does not count.

Skipping follow-ups on pre-settled tenants. Pre-settled status expires. Missing the follow-up deadline means the landlord's statutory excuse lapses, exposing them to a £10,000 civil penalty on a first breach.

Treating all EU nationals identically. Irish citizens have an unrestricted right to rent under the Common Travel Area and can be verified through a manual passport check — they do not need EUSS status at all.

How the Guide Helps

The Right to Rent Checks in England guide includes a verification decision map that routes each nationality and document combination to the correct checking method, with specific EUSS scenarios worked through step by step. It covers the share code process, the LCS request procedure for CoA holders, and the follow-up calendar calculations for pre-settled tenants.

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