The Home Office has been urged to simplify its draft Right to Rent guidance after Propertymark warned the rules are too complex for day-to-day lettings work.

Responding to a consultation on a new Code of Practice aimed at preventing unlawful discrimination, Propertymark has told the Home Office that agents need clearer guidance on their responsibilities when carrying out Right to Rent checks on behalf of landlords.

Right to Rent checks require landlords and agents to verify the immigration status of prospective adult tenants before the start of a tenancy, and help ensure applicants are treated fairly and without discrimination.

Big fines

Agents who fail to comply with the rules can face penalties of up to £10,000 per occupier for a first breach, and £20,000 for repeat breaches.

Propertymark says the guidance is still largely written for landlords, despite agents often being responsible for finding tenants, collecting rent and managing tenancies.

It is therefore calling for clearer explanations around liability, record-keeping requirements and the responsibilities of agents acting on behalf of landlords.

Agents, it says, need guidance on which type of check should be carried out, when follow-up checks are required, what action to take when a tenant’s right to rent expires and when to contact the Home Office Landlord Checking Service.

Quick-reference guidance

Propertymark also wants the Home Office to provide practical tools such as flowcharts, decision trees and step-by-step checklists in its guidance to help agents apply the rules consistently.

It adds that shorter, quick-reference guidance and more realistic case studies would also help agents deal with common situations such as shared houses, students with time-limited visas and households where occupants have different immigration statuses.