The Home Office is facing calls to simplify its draft Right to Rent guidance, with Propertymark warning that current regulations are too complex for letting agents to implement effectively.
The professional body submitted its response to a government consultation on a new Code of Practice designed to prevent unlawful discrimination in the rental sector, which is a key part of Propertymark’s efforts to support letting agents.
Right to Rent checks require landlords and agents to verify the immigration status of prospective adult tenants before a tenancy begins, and they must do this to avoid financial penalties.
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Non-compliance carries financial penalties of up to £10,000 per occupier for a first breach, rising to £20,000 for subsequent violations, a significant burden for letting agents.
According to Propertymark, the current guidance remains primarily focused on landlords, despite agents typically handling tenant sourcing, rent collection and tenancy management, making it difficult for them to understand their specific responsibilities.
The organisation is requesting clearer explanations regarding liability, record-keeping requirements and the specific responsibilities of agents acting in an agency capacity, which would help them handle the complex regulations.
Clear guidance is essential.
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The call for simplified regulations comes as the government introduces additional changes to the rental sector, adding to the compliance burden on letting professionals, and Propertymark is advocating for a more practical approach.
Propertymark has specifically requested the Home Office provide practical implementation tools including flowcharts, decision trees and step-by-step checklists to help agents apply regulations consistently, which would make it easier for them to comply.
The organisation also advocated for shorter, quick-reference materials and more realistic case studies to help letting agents deal with complex situations.
The complexity of Right to Rent regulations adds to an already challenging environment for letting agents, with Propertymark stating that agents need guidance that balances regulatory compliance with operational efficiency, and they need it to be easy to understand and apply.
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The Home Office consultation on the new Code of Practice aims to ensure applicants are treated fairly and without discrimination whilst maintaining immigration controls, a goal that Propertymark supports.
Propertymark’s submission reflects broader concerns within the lettings industry about the practical application of immigration-related rental regulations, and the need for clearer guidance to support letting agents in their day-to-day operations.
As the UK population grows, so does the demand for housing, and letting agents are facing increasing pressure to comply with complex regulations while also providing a service to their clients, making it essential for them to have clear guidance and support.
