Government scheme to help Ukrainians fleeing the Russian invasion open for applications.
Anyone in the UK (of any nationality and any immigration status providing they have at least six months leave to remain in the UK) with a spare room, or separate self-contained accommodation that is unoccupied can open their home to Ukrainians fleeing the Russian invasion.
Accommodation must be available for at least 6 months, be fit for people to live in, and suitable for the number of people to be accommodated. Phase One of the scheme opened from Friday 18 March for visa applications from Ukrainians who have named people willing to sponsor them. Sponsors will receive a £350 a month ‘thank you’ payment.
Anyone offering an empty property to the scheme will not be able to charge rent. The £350 thank you payment also cannot be used to top up any rent.
Of course providing this scheme is important to help refugees as much as we can, however it has also inevitably throw up some concerns for landlords.
Can tenants take part?
Yes a tenant can be a sponsor but tenants will need to obtain a landlord’s consent to take part. As part of the sponsorship process, it is likely that it will be checked that a landlord has provided their consent.
The accommodation must be fit to live in and large enough for the number of people so there are no issues with overcrowding. It is likely that landlords and tenants will need to pass eligibility checks which includes a home visit.
If a tenant or landlord wants to take part in the scheme a landlord will need to check:
- with their freeholder and a review must be carried out of the lease to check there are no breaches
- with their mortgage provider if the mortgage terms require consent of the lender
- with their insurance company whether they’ve got any policies which need to be factored in. Homeowners accommodating Ukrainian nationals do not need to contact their insurers on the basis that they are accommodated as non-paying guest.
- whether the property becomes a HMO and requires a licence
Right to rent compliance?
People arriving in the UK under the scheme will be given three years' immigration permission. All those from Ukraine coming to the country under the scheme will be able to apply for benefits and to seek and take up employment.
It is unclear what right to rent checks are required and what documents are to be provided. We expect further guidance to be released from the Government on the right to checks and how this is applied to Ukrainian refugees.
Usually if a tenant sub-lets, it is their responsibility to carry out the right to rent checks on additional occupiers.
The prospects of local authority enforcement are likely to be quite low but it is definitely something that should be on the radar.
What about when the 6 months ends?
Sponsors may choose to continue beyond the initial six months.
Ukrainian people on this scheme have access to public funds during their time in the UK, and at the end of their sponsorship will be able to rent a property like anyone else. If they need further support, the local authority can support them in finding alternative accommodation.
If sponsorship needs to end early due to a change of circumstances then the local authority should be informed as soon as possible.
What about my council tax discount?
Council tax discounts will not be affected for hosting Ukrainian households.
What else needs to be considered?
Consideration must be given whether taking part in the sponsorship programme inadvertently creates a tenancy of a property. For example, if an owner lets a property as a whole house, the Ukrainian nationals could end up with a tenancy and could have certain rights when it comes to wanting possession of the property.
In a tenant takes part in the scheme, the Ukrainian national may just be a lodger of the tenant and a permitted occupier in the property.
The Government has not yet provided clarification on tenancy rights and landlords will no doubt be eager to find out their rights to ensure they are sufficiently protected. It is recommended to seek legal advice if a tenant is seeking to take part in the scheme.
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