Agents need clearer information on their role
In many cases, agents are responsible for finding tenants, collecting rent, and fully managing tenancies. However, the guidance is still written largely for landlords, and members have told us they need more information on their responsibilities, record-keeping, liability, and what happens when a landlord has asked an agent to complete checks on their behalf.
Professional standards remain essential
Right to Rent has changed significantly in recent years, including through digital checks, changes linked to EU Settlement Scheme status, and the move towards eVisas.
Agents need ongoing training and up-to-date guidance to keep pace with these changes –professionalising the sector would help improve standards, reduce poor practice, and better protect tenants’ rights.
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.
Why the Code is being introduced
Research undertaken in 2023 with letting agents and private landlords suggested that gaps in knowledge or understanding of the Right to Rent Scheme led to cases of unlawful discrimination. The Home Office’s draft code focuses on how practitioners can avoid unlawful discrimination when carrying out checks.
The draft code also reflects changes in how checks are carried out, including updates on eVisas, Digital Verification Services, and the use of certified digital identity providers.
Flowcharts and decision trees would help agents
Propertymark has recommended that the Home Office include clear visual aids, such as flowcharts, decision trees and step-by-step checklists.
These would help agents and landlords identify:
- what type of document or status the tenant has
- whether the check should be manual, online or digital
- whether a follow-up check is needed
- what to do if a tenant’s right to rent has ended
- when to contact the Home Office Landlord Checking Service
A clear process would reduce the risk of mistakes and help prevent indirect discrimination caused by misunderstanding the rules.
Case studies should reflect real life
Examples should cover common situations agents face, such as tenants sharing a property and moving in at different times, students with time-limited visas, families where adults have different immigration statuses, and applicants whose documents are still with the Home Office.
The draft guidance includes some examples, but members have told us these can be too wordy and do not always reflect real-life lettings scenarios. Simpler examples would help agents and landlords apply the rules correctly and consistently.
Shorter guidance for daily use
While detailed guidance is needed for complex cases, agents and landlords would benefit from a shorter quick-reference version for day-to-day use. This could sit alongside the full guidance and include simple summaries, checklists, and links to further information where more detail is needed.
A smart online questionnaire could also help users identify the correct type of check based on the information available from the tenant.
Support for members
We work closely with the Home Office to ensure that agents have the correct information to give to landlords and to perform the checks themselves. With new rules and regulations coming in regularly, we keep on top of the changes and update our members as quickly as possible.
Our easy-to-read Immigration Act and Right to Rent fact sheets help break down the legislation, highlighting who it applies to and, most importantly, what agents need to do.
