Balancing compliance and fairness
The consultation highlights a key challenge for the sector: balancing immigration compliance with fair access to housing.
If guidance is unclear, there is a risk that landlords may favour applicants who appear easier to verify, rather than applying checks consistently. This can lead to indirect discrimination, even where there is no intention to exclude.
The proposed Code of Practice aims to address this by reinforcing that:
- All applicants should be treated equally during the checking process
- Decisions should not be based on assumptions about nationality or ethnicity
- Agents should follow standardised procedures for every tenancy
Why this matters
Renting a property in England to someone without the right to rent, or failing to carry out right to rent checks, could result in a 5-year prison sentence or a fine of up to £20,000. Letting agents are already familiar with Right to Rent requirements, but this latest consultation signals a renewed focus on how checks are carried out in practice.
Agents need support to meet legal obligations confidently, and this is particularly important where legislation overlaps, such as immigration compliance and anti-discrimination law. This makes it essential that guidance is aligned and workable for agents operating on the ground.
What happens next
We encourage individual agents to take the opportunity to shape the implementation of the final Code of Practice. Once finalised, the Code is expected to become a key reference point for landlords and agents, helping them demonstrate compliance if their practices are challenged.
View and respond to the consultation
Propertymark will continue to engage with the UK Government to ensure that any changes are practical for agents to implement and support a fair and accessible rental market.
Immigration Act and Right to Rent
Right to Rent checks requires landlords/agents to determine the immigration status of all prospective adult tenants by checking ID before the start of a tenancy.
