A new code of practice for avoiding unlawful discrimination through Right To Rent is simply too complicated, it’s alleged.
Propertymark, the letting agents’ trade body, says it obviously believes discrimination has no place in the private rented sector, but it wants the code to be simplified.
The body makes the case from the point of view of agents, who in many cases are responsible for finding tenants, collecting rent, and fully managing tenancies.
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.
Propertymark says its members need ongoing training and up-to-date guidance to keep pace with these changes.
The code is being introduced because research dating back to 2023 suggests that landlords and agents alike have gaps in knowledge and understanding of the Right To Rent scheme that have led to cases of unlawful discrimination.
Propertymark has recommended that the Home Office include clear visual aids, such as flowcharts, decision trees and step-by-step checklists.
These would help agents and landlords identify:
- what type of document or status the tenant has
- whether the check should be manual, online or digital
- whether a follow-up check is needed
- what to do if a tenant’s right to rent has ended
- when to contact the Home Office Landlord Checking Service
“A clear process would reduce the risk of mistakes and help prevent indirect discrimination caused by misunderstanding the rules” says the body.
And it goes on to say: “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.”
