Govt warns landlords and agents against Right to Rent discrimination

Updated Right to Rent guidance aims to protect vulnerable tenants from “unscrupulous landlords and letting agents.”

right to rent

Landlords and agents only have until 1st October to ensure their Right to Rent procedures comply with updated Government guidance, or risk fines of up to £20,000 per occupier.

The new code of practice sets out how landlords and letting agents should avoid discrimination when carrying out Right to Rent checks, including ensuring applicants are not treated differently because of their nationality, immigration status or the way they prove their right to rent.

Unscrupulous landlords and letting agents.”

The Home Office says the scheme will prevent the exploitation of vulnerable migrants by “unscrupulous landlords and letting agents”.

The update also addresses the growing use of eVisas and digital identity checks, while reinforcing landlords’ obligations under the Equality Act 2010.

According to the guidance, landlords and agents must carry out checks consistently and avoid making assumptions based on a person’s nationality, ethnicity, accent or time spent in the UK.

In addition, applicants must not be treated differently because of the type of check required, while those with a time-limited right to rent should not be treated less favourably.

There are also warnings about favouring applicants whose status is easier to verify digitally and says automated checking processes should not result in discriminatory outcomes.

£20,000 penalties

Failure to carry out the required Right to Rent checks can result in civil penalties of up to £10,000 per occupier for a first breach and up to £20,000 per occupier for repeat breaches.

The updated guidance applies to residential tenancy agreements beginning on or after 1 October 2026 in England.


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