Home Office updates guidance on how agents and landlords can avoid discrimination during ‘Right to Rent’ checks

Toby Weiss

Toby Weiss

Corporate Marketing Manager at Reapit

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Home Office updates guidance on how agents and landlords can avoid discrimination during ‘Right to Rent’ checks

The Home Office has launched an open consultation on the codes of practice for upcoming ‘Right to Rent’ checks in the Private Residential Sector. The Right to Rent Scheme is currently only in force in England.

All landlords in England have a responsibility to prevent those without lawful immigration status from accessing the private rented sector. Landlords do this by conducting ‘right to rent checks’ on all prospective adult tenants before the start date of a tenancy agreement, to make sure the person is not disqualified from renting a property by reason of their immigration status. Landlords who rent residential premises to adults without carrying out proper checks that they have the right to rent may be liable for a civil penalty.

The purpose of this code of practice is to ensure that landlords do not unlawfully discriminate contrary to the Equality Act 2010 when carrying out right to rent checks. 

This version of the code of practice applies only to residential tenancy agreements commencing on or after 6 April 2022. It also applies where a repeat check on an existing tenant is required to be carried out on or after 6 April 2022 to retain a statutory excuse.

For more information on the guidance in full please click here.

Resources

Open Consultation: Code of practice for landlords: avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector

This code of practice has been issued alongside a code of practice on right to rent: civil penalty scheme for landlords and their agents.

For further information about how to carry out a right to rent check, the Home Office has published a code of practice and further guidance.

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