Editor's note: This brief was summarised by The Property AI Newsroom from a report by The Negotiator. Read the original article for full details.

Government Issues Warning on Right to Rent Discrimination

Landlords and letting agents have until 1st October to ensure their Right to Rent procedures comply with updated Government guidance or face fines of up to £20,000 per occupier. The new code of practice outlines how to avoid discrimination during Right to Rent checks.

The updated guidance, published by the Home Office, sets out that landlords and letting agents must not treat applicants differently based on nationality, immigration status, or the method used to prove their right to rent. The code also addresses the increasing use of eVisas and digital identity checks, and reinforces obligations under the Equality Act 2010.

According to the guidance, checks must be carried out consistently, and assumptions should not be made based on a person’s nationality, ethnicity, accent, or time spent in the UK. Applicants must not be treated differently because of the type of check required, and those with a time-limited right to rent should not be treated less favourably.

The guidance also warns against favouring applicants whose status is easier to verify digitally, and states that automated checking processes should not result in discriminatory outcomes.

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.