The Right to Rent scheme has left letting agents struggling with its complexity, according to Propertymark, which is urging the Home Office to simplify its draft guidance. The organisation's call for clearer regulations comes as the government consults on a new Code of Practice aimed at preventing unlawful discrimination in the rental sector.
The current framework requires landlords and their agents to verify the immigration status of all prospective adult tenants before a tenancy starts, with failure to comply resulting in substantial fines starting at up to £10,000 per occupier for a first breach. However, Propertymark's submission highlights that the guidance primarily focuses on landlords, despite agents typically handling tenant sourcing, rent collection and overall tenancy administration.
Propertymark is advocating for more detailed explanations of liability, specific record-keeping requirements and the distinct responsibilities of agents operating in an agency capacity. The industry argues that practical, implementable guidance is crucial to balance regulatory compliance with operational efficiency as the government introduces additional changes to the rental sector.
The organisation has specifically requested that the Home Office provide practical implementation tools such as flowcharts, decision trees and step-by-step checklists to assist agents in applying the regulations consistently. They also called for clearer instructions on which checks to perform, when follow-up checks are necessary, how to handle tenants' expired right to rent, and when to engage with the Home Office Landlord Checking Service.
Shorter, quick-reference materials and more realistic case studies addressing common scenarios would be welcome, according to Propertymark. These might include shared houses, students on time-limited visas or households with occupants holding diverse immigration statuses. The industry maintains that clearer guidance is essential in the current challenging environment for letting agents.