Propertymark has called on the Home Office to simplify its draft Right to Rent guidance, warning that current regulations are too complex for letting agents to implement effectively in day-to-day operations.
The professional body submitted its response to a government consultation on a new Code of Practice designed to prevent unlawful discrimination in the rental sector. The organisation highlighted that existing guidance fails to adequately address the operational realities of letting agents who conduct checks on behalf of landlords.
Compliance challenges
Right to Rent checks require landlords and agents to verify the immigration status of prospective adult tenants before a tenancy begins. Non-compliance carries financial penalties of up to £10,000 per occupier for a first breach, rising to £20,000 for subsequent violations.
According to Propertymark, the current guidance remains primarily focused on landlords, despite agents typically handling tenant sourcing, rent collection and tenancy management. The organisation is requesting clearer explanations regarding liability, record-keeping requirements and the specific responsibilities of agents acting in an agency capacity.
The call for simplified regulations comes as the government introduces additional changes to the rental sector, adding to the compliance burden on letting professionals.
Practical tools requested
Propertymark has specifically requested the Home Office provide practical implementation tools including flowcharts, decision trees and step-by-step checklists to help agents apply regulations consistently. The organisation stated that agents require clearer guidance on which checks to conduct, when follow-up checks are necessary, what action to take when a tenant’s right to rent expires, and when to contact the Home Office Landlord Checking Service.
The professional body also advocated for shorter, quick-reference materials and more realistic case studies addressing common scenarios such as shared houses, students with time-limited visas and households where occupants hold different immigration statuses.
Industry implications
The complexity of Right to Rent regulations adds to an already challenging environment for letting agents. As the government considers various property sector reforms, industry bodies continue to emphasise the need for practical, implementable guidance that balances regulatory compliance with operational efficiency.
The Home Office consultation on the new Code of Practice aims to ensure applicants are treated fairly and without discrimination whilst maintaining immigration controls. Propertymark’s submission reflects broader concerns within the lettings industry about the practical application of immigration-related rental regulations.
