Propertymark has urged the Home Office to simplify draft Right to Rent guidance, warning that the current material is too complex for day-to-day lettings work.
Right to Rent rules were introduced in England under the Immigration Act 2014. They require landlords to check the immigration status of prospective tenants before a tenancy begins, ensuring they have the legal right to live in the UK. The checks also need to be carried out fairly and without unlawful discrimination.
Draft Code of Practice
The Home Office has published a draft code of practice aimed at preventing unlawful discrimination. Propertymark says it supports the principle that discrimination has no place in the private rented sector, but argues that the guidance needs to be easier for landlords and agents to apply in practice.
Right to Rent has changed significantly in recent years, including through digital checks, changes linked to EU Settlement Scheme status, and the move towards eVisas. The draft guidance also proposes tighter checks by requiring landlords to confirm that any Digital Verification Services used for online checks are officially certified.
Increasing Complexity
Propertymark says more information is being added to the process, making compliance harder to manage. In response to the government consultation, it said: “Agents told us that the Right to Rent guidance is too long, and taking into account additional guidance, such as the one mentioned above on the avoidance of discrimination, means that there is a significant amount of information that agents need to know.”
One Propertymark member agent from Romford said: “The current guidance being 77 pages is quite a lot for something staff need to use practically day to day. A shorter quick-reference version or checklist alongside the full guidance would probably make it much easier for both landlords and agents to follow correctly.”
Flowcharts, decision trees and step-by-step checklists
Propertymark has called for practical tools such as flowcharts, decision trees and step-by-step checklists. These would help landlords and agents understand what type of document or status the tenant has, whether a manual, online or digital check is required, whether a follow-up check is needed, what to do if a tenant’s right to rent has ended, and when to contact the Home Office Landlord Checking Service.
The organisation said: “A clear process would reduce the risk of mistakes and help prevent indirect discrimination caused by misunderstanding the rules”
It also said: “While detailed guidance is needed for complex cases, agents and landlords would benefit from a shorter quick-reference version for day-to-day use.
“This could sit alongside the full guidance and include simple summaries, checklists, and links to further information where more detail is needed.
“A smart online questionnaire could also help users identify the correct type of check based on the information available from the tenant.”
Propertymark also wants more realistic case studies to help agents deal with common situations, including shared houses, students with time-limited visas, and households where occupants have different immigration statuses.
Large Fines up to £20,000
The potential penalties are significant. Agents who fail to comply with Right to Rent rules can face fines of up to £10,000 per occupier for a first breach, and £20,000 for repeat breaches.
The wider compliance landscape is also changing. Under the Renters’ Rights Act, it will be illegal for landlords and letting agents to discriminate against prospective tenants who receive benefits or have children, with fines of up to £7,000 for breaking the rules.
For landlords and agents, the central message from Propertymark is that detailed guidance may be necessary, but it should be supported by clearer, shorter tools that can be used reliably in everyday lettings work.