A draft Code of Practice for avoiding unlawful discrimination is intended to help landlords and agents in England comply with the Right to Rent Scheme while meeting their duties under equality law. Discrimination has no place in the private rented sector, and Propertymark strongly advocates for clear guidance that helps agents to apply checks fairly, without bias or assumptions, while still meeting the legal requirements of the scheme. To achieve this, the current draft Code must be made easier for agents to use in day-to-day lettings practice.

The Home Office has published a draft Code designed to give clearer guidance to landlords and letting agents on complying with the Right to Rent Scheme rules without breaching equality law. Checks on prospective tenants’ right to live in the UK have been part of the lettings process since 2016 and form part of wider government policy to prevent illegal immigration.

The Home Office has updated Right to Rent guidance for landlords, letting agents, and homeowners on conducting checks for privately rented properties. Non-compliance with right-to-rent obligations can lead to substantial fines or penalties.

Providing clarity on document verification processes and necessary steps required to remain compliant with immigration laws are included in the updates which became effective on 12 February 2025, plus, landlords and letting agents' responsibilities in conducting right-to-rent checks for privately rented accommodation.

The Home Office has made changes to the EU Settlement Scheme (EUSS) designed to simplify the Right to Rent and similar checks for pre-settled status holders. Letting agents and landlords will only need to carry out a check at the beginning of a tenancy.

Coming into force on 22 January 2024 to coincide with higher maximum fines for non-compliance under the Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023, the revised code of practice is the sixth update and will replace the previous version from March 2022.

Due to take effect at the start of 2024, the higher fines represent what the Home Office describes as the biggest shake up of civil penalties since the checks were first introduced and will include charges of up to £20,000 for repeat breaches.

Lettings agencies are facing significant cost increases to remain compliant with Right to Rent checks, as the system allowing Adjusted checks (using Zoom calls and copies of documents for example), ends in England on 30 September 2022.

The Queen’s Speech on 10 May 2022, saw the UK Government announce that it would bring forward legislation to reform the private rented sector in England.

The UK Home Office has released an updated Code of Practice on Right to Rent: Civil penalty scheme for landlords and their agents for use from 6 April 2022.

The Home Office is working on changes to Right to Rent checks carried out by agents working in England, in preparation for a digital system that moves away from hard copy documents and promises to reduce room for human error.

Propertymark continues to engage with the Home Office as part of the UK Government’s plans to digitise the immigration system with legislative changes coming into force on 6 April 2022 that will impact how letting agents and landlords in England conduct Right to Rent checks.

The Home Office has invited private sector, digital identity checking service providers to apply for approval to deliver Right to Rent ID checks on those who cannot currently use Home Office online services, including British and Irish citizens.

From 6 April 2022, Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders will only be able to evidence their Right to Rent using the Home Office online service.

The UK Government plans to reform the private rented sector (PRS) in England and to help shape and influence the Renters’ Reforms, Propertymark has produced a paper outlining its position.