Right to Rent guidance too long claims Propertymark

The Home Office’s Right to Rent guidance has come under scrutiny from Propertymark, an industry body representing letting agents and property professionals, which argues that the current documentation is excessively lengthy and complex. This has raised concerns about the practical challenges landlords and agents face in ensuring compliance with immigration checks before granting tenancies. Simplifying the guidance could improve day-to-day operations and reduce the risk of unintentional non-compliance.

Complexity of Right to Rent Guidance

Introduced under the Immigration Act 2014, the Right to Rent scheme requires landlords in England to verify that prospective tenants have the legal right to reside in the UK before entering into a tenancy agreement. The Home Office recently published a draft code of practice proposing more stringent checks, including a requirement that any Digital Verification Services (DVS) used must be officially certified. This update also clarifies that tenants should not be discriminated against based on the method they use to demonstrate their right to rent, whether through an eVisa and share code or via original documents.

However, Propertymark has highlighted that the increasing volume of information and detail in the guidance is making it difficult for letting agents to manage compliance effectively. The draft code, combined with supplementary guidance on avoiding discrimination, results in a substantial body of material that agents must understand and apply. This complexity can hinder practical implementation and increase the risk of errors during tenant checks.

Calls for a More Concise and Practical Approach

Feedback from Propertymark members indicates that the existing Right to Rent guidance, which runs to 77 pages, is unwieldy for everyday use by staff involved in tenancy checks. Agents have suggested that a shorter, quick-reference checklist or summary guide would be beneficial alongside the full documentation. Such a tool could streamline the process and make it easier for both landlords and agents to adhere to their legal obligations.

While recognising the necessity of detailed information to ensure compliance and prevent discrimination, Propertymark advocates for a simplified, easy-to-read guide designed for daily use. This approach would help agents and landlords navigate their responsibilities more confidently and reduce the administrative burden.

Letting Agents’ Role in Compliance

Although the Right to Rent rules are primarily directed at landlords, in practice, letting agents frequently carry out the required immigration checks on their behalf. Propertymark emphasises that the current guidance is largely landlord-focused and does not sufficiently address the specific needs and responsibilities of agents. There is a call for a dedicated section within the guidance to clarify agents’ duties, including record-keeping and procedures when acting under landlord instructions.

Additionally, Propertymark suggests that interactive tools such as flowcharts or questionnaires could assist those conducting checks by providing tailored guidance based on the information entered. This would support agents in making accurate decisions and maintaining compliance with evolving regulations.

Context of Wider Rental Sector Reforms

The discussion around Right to Rent guidance simplification coincides with broader changes in the rental sector, notably the introduction of the Renters’ Rights Act. This legislation prohibits discrimination against prospective tenants based on receipt of benefits or having children, with penalties of up to £7,000 for breaches. Landlords and agents must therefore navigate a complex regulatory environment that balances immigration control with anti-discrimination protections.

Given these overlapping compliance requirements, clear and accessible guidance is essential to help landlords and agents meet their legal obligations without inadvertently disadvantaging prospective tenants or exposing themselves to enforcement action.

What this means for landlords

Landlords should be aware that while the Right to Rent checks remain a legal requirement, the current guidance may be challenging to interpret and apply in full. They may need to rely on letting agents or professional advisers to ensure that checks are conducted correctly and records are maintained appropriately. It is important for landlords to confirm that any agents acting on their behalf are fully informed about their responsibilities under the Right to Rent scheme.

Furthermore, landlords should consider the potential benefits of simplified compliance tools or checklists, which could reduce administrative burdens and help avoid errors that might lead to penalties. Staying informed about updates to the guidance and related legislation, such as the Renters’ Rights Act, will also be crucial in maintaining lawful and fair lettings practices.

What TLA members should consider

• Review current Right to Rent procedures and assess whether existing guidance is accessible and practical for staff involved in tenant checks.
• Engage with letting agents to ensure they understand their responsibilities and have access to clear, concise compliance resources.
• Monitor developments in Home Office guidance and related legislation, including the Renters’ Rights Act, to stay ahead of compliance requirements.
• Explore the use of simplified tools such as checklists or flowcharts to support consistent and accurate Right to Rent checks.
• Ensure record-keeping systems are robust and capable of demonstrating compliance if required by enforcement authorities.
• Consider training opportunities available through TLA’s resources to enhance knowledge and confidence in managing Right to Rent obligations.

TLA Training Academy

The Landlord Association provides structured guidance, compliance education and practical support for landlords, letting agents and property professionals. Members can access training and resources designed to help them stay organised, informed and prepared.

Landlords can explore the Academy here: https://landlordassociation.org.uk/tla-academy/

Those looking to join and access member support can register here: https://landlordassociation.org.uk/get-started-with-the-landlord-association/

TLA update

The Landlord Association is continuing to expand its support, resources and partner network for landlords, tenants, agents and property professionals across the UK. Service providers interested in working with TLA can register their interest here: https://landlordassociation.org.uk/become-a-tla-service-partner/