The Home Office has launched a consultation on revisions to the Right to Rent statutory code of practice, which is set to take effect in October 2026. This update aims to clarify the responsibilities of landlords and letting agents when conducting Right to Rent checks on prospective tenants in England. The consultation, open until 29 April, focuses on reducing discrimination risks and ensuring fair practices during tenant referencing.

Key Changes Proposed

One of the primary changes proposed in the draft code is the requirement that landlords and letting agents treat all tenants equally, regardless of how they present their immigration status. This means that applicants should not face discrimination based on their choice to provide physical documents as opposed to using the Home Office online service for verification. In practical terms, this aims to eliminate unfair treatment of individuals who may have a time-limited right to rent, as stereotypical assumptions about temporary immigration status can lead to barriers in the rental market.

The consultation also emphasises the importance of consistent procedures across different methods of checking tenants' status. This includes a sharper focus on digital checks, which must be conducted using certified verification services. As the landscape of immigration checks evolves, landlords will need to ensure that their processes are not only compliant but also fair, avoiding any discriminatory outcomes.

Regulatory Context and Background

The Right to Rent scheme was introduced in England as part of the Immigration Act 2014, mandating that landlords verify the immigration status of all adult occupiers in a rental property prior to the start of a tenancy. Non-compliance can result in civil penalties, adding pressure on landlords to navigate this complex regulatory framework. However, the draft code suggests a shift from viewing these checks as mere box-ticking exercises to prioritising the fairness and thoroughness of the process.

This move comes in the wake of concerns raised by stakeholders regarding potential discrimination in tenant checks. The Home Office's consultation highlights a growing recognition of the legal risks associated with relying on blanket assumptions based on an applicant's immigration status. Landlords, particularly those with larger portfolios, may need to ensure that their letting agents are not inadvertently perpetuating discriminatory practices at the branch level.

What Landlords Should Consider

Landlords who utilise letting agents for tenant referencing should proactively inquire about how Right to Rent checks are carried out in practice. It is crucial to assess whether agents are merely claiming compliance or actively implementing fair processes in their checks. For landlords conducting checks independently, reviewing application forms, scripts, and document requests will be essential to ensure that all applicants are presented with consistent options for proving their legal right to rent.

Furthermore, the consultation highlights the importance of understanding that different lawful methods exist for proving immigration status. Landlords should avoid favouring one method over another if it leads to discriminatory outcomes. This is particularly relevant for those relying heavily on manual checks or paper documentation, where staff may need additional training to ensure equitable treatment of all tenants.

With the anticipated enforcement of the revised code in October 2026, landlords have a limited timeframe to review their existing referencing processes and make necessary adjustments. As the Home Office seeks to refine the final wording based on consultation feedback, landlords must remain vigilant in monitoring updates and ensuring compliance with any new requirements.

Overall, the Home Office's proposed changes to the Right to Rent checks underscore the ongoing tension between immigration enforcement and anti-discrimination measures in the rental market. For landlords, adapting to these changes will be paramount in navigating the evolving landscape of tenant referencing while maintaining a commitment to fair and equitable treatment for all prospective tenants.