The government’s recent consultation on tightening Right to Rent (RtR) checks has drawn criticism from the Chartered Institute of Housing (CIH), which argues that the proposed revisions fail to address the fundamental issues within the policy. While the updated code of practice is welcomed, the CIH highlights ongoing concerns about discrimination against migrants and non-White applicants in the private rented sector.

Background to the Right to Rent consultation

The Right to Rent scheme, introduced under the Immigration Act 2014, requires landlords and letting agents in England to verify the immigration status of prospective tenants before a tenancy begins. The government’s consultation proposes that tenants should not be unfairly treated if they choose a different method of completing these checks than that preferred by landlords or agents. Responses to the consultation are invited until 29 April.

CIH’s opposition to the Right to Rent policy

The Chartered Institute of Housing has consistently opposed the Right to Rent policy since its inception. It points to Home Office research from the pilot phase that identified discrimination prior to the scheme’s wider rollout. Early evidence from the Joint Council for the Welfare of Immigrants and findings from Generation Rent in 2022 further illustrate the challenges faced by migrant renters, with more than two in five struggling to find landlords or agents willing to let to them.

Additionally, the 2024 Voice of the Landlord Survey revealed that 56% of landlords who reported being unable to let to individuals without a UK passport attributed this to the risk of civil penalties linked to compliance failures. Research from 2023 focusing on Ukrainian refugees found that over half experienced difficulties securing accommodation despite public assurances of their right to remain in the UK.

Discrimination remains a significant concern

The CIH emphasises that these examples represent only a snapshot of the discrimination faced by migrants and non-White applicants in the private rented sector. It warns that an updated code of practice will have limited impact if landlords are unaware of it or choose to ignore it. Many landlords may overlook applicants presenting non-UK documentation without issuing explicit refusals, especially in areas with strong demand for rental properties.

The organisation also highlights the Renters’ Rights Act, which will make discrimination based on receipt of benefits or having children unlawful, with civil penalties of up to £7,000. The CIH notes that ministers have the power to extend such protections further, potentially including immigration status for those with permission to remain in the UK.

Calls for further research and action

The Chartered Institute of Housing has called for new research into the effectiveness of the Right to Rent code of practice, alongside broader analysis of discrimination linked to compliance and penalties. It has expressed willingness to contribute to this research, signalling a desire for evidence-based improvements to the policy framework.

What this means for landlords

Landlords should be aware that while the government seeks to refine Right to Rent checks, concerns about discrimination and compliance risks remain prominent. Understanding the updated code of practice is important, but landlords must also recognise the broader implications of the policy on tenant access and the potential for unintended discriminatory outcomes. Staying informed and engaged with ongoing research and policy developments will be crucial for landlords to navigate these challenges effectively.

Source: Based on reporting from Property118

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