Two-week Right to Rent consultation launched
Anti-discrimination guidance affecting landlords carrying out Right to Rent checks is the subject of a new consultation announced this week.
The Home Office wants to clarify existing advice and has given landlords and agents two weeks to respond to the paper – which proposes amendments to its code of practice.
The revisions make it clear that you cannot discriminate against potential tenants if they opt to prove their right to rent in way that is not your prefered method - for example using physical documents rather than an online share code.
What is Right to Rent?
Right to Rent checks were introduced to the private rented sector in England under the Immigration Act 2014 and require you – or agents acting on your behalf – to check the immigration status of prospective tenants before they move in, to establish that they have a right to live in the UK.
You can do this by manually checking papers, using specialist tech, or using the Home Office online checking service, with a list of acceptable documents and additional information available here.
Tenants can have either permanent or time-limited Right to Rent, with the later restricting how long they are permitted to remain.
What will change under the plans?
The Government already has a code of practice, which includes guidance on how to avoid discrimination.
The proposed changes will explicitly ban you from treating would-be tenants less favourably if their right to rent is time-limited, or their choices when it comes to how they prove their right to rent (for example valuing a passport above other forms of identification) or whether they use an online service or physical documents as evidence.
The plans will also make it a mandatory requirement for you to ensure any Digital Verification Services (DVS) you use to carry out online checks are certified.
In addition to this there are other planned updates to terminology relating to working arrangements and the technology used to carry out digital checks.
How do I respond to the consultation?
To access the full consultation document click here. You can also respond here, or via email at: [email protected]
The consultation closes at midnight on 29th April, with the Government planning to make the required changes to secondary legislation in June before implementing the plans in October.
More information
- For our comprehensive guide to Right to Rent click here.
- Our award-winning training academy runs an Immigration and Right to Rent course. For information click here.
