The UK's "Right to Rent" checks

So, in one of the UK’s schemes to make the “Optional” EEA2 Residence Card a requirement for a non-EEA Family Member of an EEA National, (amongst others) the UK have began implementing their “Right to Rent” checks.

Announced at the start of the month, the Right to Rent checks will be focusing on the West Midlands:

Immigration and Security Minister James Brokenshire today announced the new measures in the Immigration Act would be launched in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton as part of a phased introduction across the country.

The new law will mean private landlords will have to check the right of prospective tenants to be in the country if they want to avoid potentially being fined up to £3,000.

I had already submitted my FOI Request (Right to Rent Checks) which received a response on the 5th September.  In relation to the three main questions:

Please outline how said Right to Rent checks will work with a non-EU spouse of an EEA National. Said persons are not required to hold any form of residence documentation. Said persons can enter the UK under Article 5 of the Free Movement directive without a visa. Said persons are not subject to immigration control. If said person holds nothing other than their passport (non-EU) and marriage certificate – what would the process be for said person to rent accomodation.

We then move onto Zambrano / Derivative Rights residents. As with EEA national family members – they do not require residence documentation. Would the process for confirming their right to rent be any different?

  1. Please outline how said Right to Rent checks will work with a non-EU spouse of an EEA National 
  2. what would the process be for said person to rent accommodation 
  3. Would the process for confirming their right to rent be any different?- Derivative cases. 

Home Office Response:

It is open, as now, for people who fall into these categories to obtain confirmation from the Home Office that they enjoy a right to reside in the UK under EU law.

Not only does this legislation breach EU law (Article 25(1)), but it also breaches UN Human Rights charters (Access to Housing).