Government’s Right to Rent consultation draws CIH criticism

A government consultation to tighten Right to Rent (RtR) checks, has led the Chartered Institute of Housing (CIH) to declare that revisions to the code would not address deeper issues within the policy.

It said it “welcomes the updated code of practice, but we have serious reservations about right to rent checks and their discriminatory effects, which will not be remedied by an updated code”.

Government proposals for the RtR state that prospective tenants must not be treated unfairly if they choose a different method of completing checks than a landlord or letting agent prefers.

The rules, brought in under the Immigration Act 2014, require immigration status checks before a tenancy begins in England.

Landlords and letting agents have until 29 April to respond to the consultation.

CIH opposes RtR

The organisation said it had opposed the policy at its introduction and has continued to do so.

It referred to Home Office research from the pilot phase, which identified discrimination before the wider rollout, alongside early evidence from the Joint Council for the Welfare of Immigrants.

That research includes findings from Generation Rent in 2022 showing that more than two in five migrant renters struggled to find a landlord or agent willing to let to them.

The 2024 Voice of the Landlord Survey found 56% of respondents who said they could not let to people without a UK passport attributed that to the risk of a civil penalty linked to compliance.

Separate research from 2023 into Ukrainian refugees found more than half had difficulty securing a landlord or letting agent due to their status, despite public messaging confirming their right to remain.

Landlords are unaware

CIH said this was “only a snapshot of evidence of problems faced by migrants, and by non-White applicants more generally, in the private rented sector”.

It added that “a code of practice is of little use if landlords are unaware of it or ignore it, as many are or do”.

It said landlords can overlook applicants presenting non-UK documentation without making explicit refusals, particularly where demand is strong.

The organisation also pointed to the Renters’ Rights Act, which will make discrimination based on benefits or having children unlawful, with civil penalties of up to £7,000.

The Chartered Institute of Housing also noted that ministers have powers to extend protections further and said immigration status could be included for those with permission to remain.

The organisation also called for new research into the code’s effectiveness, alongside wider analysis of discrimination linked to compliance and penalties.

It said it would be willing to contribute to the research.