Government launches review to tackle discrimination in Right to Rent checks

The government has set out plans to tighten Right to Rent checks as part of a new consultation.

Under the proposals, it makes clear that prospective tenants must not be treated unfairly if they choose a method of completing the mandatory checks that differs from a landlord or letting agent’s preferred approach.

Landlords and letting agents have until 29 April to submit their responses.

Explicitly banned from treating prospective tenants less favourably

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.

The National Residential Landlords Association (NRLA) writes on its website that, under the proposals, landlords would be “explicitly banned from treating prospective tenants less favourably because their right to rent is time-limited or because of how they choose to prove their status, for example, by preferring a passport over other forms of identification, or favouring online checks over physical documents.”

It adds that “the plans will also make it a requirement for landlords to ensure any Digital Verification Services (DVS) used to carry out online checks are officially certified.”

How to avoid discrimination

In the draft code of guidance published by the government, landlords and letting agents are advised on how to avoid discrimination when carrying out Right to Rent checks.

The guidance says the best way to prevent discrimination is to “treat all prospective tenants fairly and consistently”.

It says that, to avoid discrimination under the Right to Rent Scheme, landlords and letting agents should:

• be consistent in how they carry out checks for all prospective tenants, including those they believe are more likely to be British citizens
• ensure that no prospective tenants are discouraged or excluded, either directly or indirectly, because of a known or perceived protected characteristic
• ensure that automated or digital onboarding processes do not create or reinforce discriminatory outcomes

It also says that landlords and agents should not:

• discriminate when conducting Right to Rent checks
• only check the status of people they believe appear to be, or are likely to be, migrants
• treat tenants with a time-limited right to rent more or less favourably
• treat those using the Home Office online checking service differently
• show preference for, or disadvantage those providing, manual documents from the approved list
• make assumptions about a person’s right to rent or immigration status based on colour, nationality, ethnic or national origins, accent, or length of time in the UK

The guidance warns that landlords who discriminate in the course of Right to Rent checks, contrary to the Equality Act 2010, may face discrimination claims in court.

Landlords can view the consultation by clicking here.