Right to Rent consultation launched on new anti-discrimination rules

A consultation has been launched on proposed changes to Right to Rent guidance, with the Home Office seeking views on measures aimed at strengthening anti-discrimination protections for tenants.

The consultation focuses on updates to the official code of practice for landlords and letting agents carrying out Right to Rent checks, and will remain open to responses until midnight on 29 April.

Under the proposals, landlords and agents would be explicitly barred from treating prospective tenants less favourably based on how they choose to prove their right to rent. This includes cases where applicants provide physical documents rather than using the Home Office’s online checking system.

The revised guidance would also make clear that discrimination is not permitted where a tenant has a time-limited right to rent, addressing concerns that such applicants may be unfairly disadvantaged during the lettings process.

Right to Rent checks were introduced under the Immigration Act 2014 and require landlords, or agents acting on their behalf, to verify that tenants have the legal right to reside in the UK before a tenancy begins. Checks can be carried out manually using documents, via digital verification technology, or through the Home Office’s online service.

As part of the proposed changes, landlords and agents would also be required to ensure that any digital verification services used to conduct checks are certified. Additional updates include changes to terminology relating to digital processes and working arrangements.

The government said it intends to implement the changes through secondary legislation in June, with the updated guidance expected to come into force in October.

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