Right to Rent guidance too long claims Propertymark

An industry body is urging the Home Office to simplify Right to Rent guidance for landlords and letting agents.

Propertymark is calling on the government to provide a shorter checklist for landlords, arguing that the current Right to Rent guidance is “too long”.

Right to Rent rules were introduced in England under the Immigration Act 2014. They require landlords to verify the immigration status of potential tenants before a tenancy begins, ensuring they have the legal right to live in the UK.

Right to Rent guidance is too long

The government has published a draft Right to Rent code of practice, which proposes tighter checks by requiring landlords to confirm that any Digital Verification Services (DVS) used to carry out online checks are officially certified.

The draft also updates references to eVisas, making clear that prospective tenants should not be treated less favourably based on how they evidence their right to rent, whether by using an eVisa and share code via the Home Office online checking service or by using original documents where these are permitted.

Propertymark has said that with more information being added to Right to Rent checks, it is becoming harder for letting agents to manage day-to-day compliance.

In response to the government’s Right to Rent consultation, the industry body 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.”

It added: “Although we agree that detail is required to ensure that the law is adhered to and that those completing right to rent checks know their full responsibilities, a short, easy-read guide for daily use would be welcomed.”

Agents are the ones carrying out checks

The industry body also says a simplified version of the guidance, such as a flowchart or questionnaire, would allow those carrying out checks to click through and receive answers based on the information they input.

Propertymark says letting agents need more support as they conduct Right to Rent checks.

One agent told Propertymark: “The guidance is written mainly for landlords, but in reality, agents are often the ones actually carrying out the checks.

“It would be helpful if there was a section that was a bit more agent-focused, particularly around responsibilities, record keeping and what happens when the landlord has asked the agent to carry out the checks on their behalf.”

The news comes as, 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.