Propertymark Pushes Back on Complex Right to Rent Rules
The professional body for property agents, Propertymark, has formally called on the Home Office to simplify its draft Right to Rent guidance, raising serious concerns that the current framework is too convoluted for letting agents to implement effectively in day-to-day practice. In its response to a government consultation on the guidance, Propertymark argued that the existing rules fail to reflect the operational realities that letting agents face — particularly those who carry out Right to Rent checks on behalf of landlords across England.
This intervention from one of the UK's most prominent property industry bodies signals growing frustration within the lettings sector over regulatory complexity and the burden it places on agents, landlords, and ultimately tenants. As the government continues to overhaul the private rented sector through sweeping legislation, ensuring that compliance guidance is clear, practical, and proportionate has never been more important.
What Is Right to Rent and Why Does It Matter?
Right to Rent is a legal requirement introduced under the Immigration Act 2014, which obliges private landlords in England to check that prospective tenants have the legal right to reside in the UK before granting a tenancy. Failure to comply can result in significant civil penalties — and in some cases criminal prosecution — making it a high-stakes obligation for everyone in the lettings chain.
In practice, many landlords delegate these checks to letting agents, who must therefore have a thorough and working understanding of the requirements. Checks can be carried out manually using original documents, through the Home Office's online Landlord Checking Service, or via certified Identity Service Providers (IDSPs) for British and Irish citizens who hold a valid passport. Each route comes with its own set of rules, acceptable documents, and follow-up obligations, creating a patchwork of procedures that agents must navigate consistently and accurately.
Given the severity of the penalties involved — fines of up to £20,000 per illegal occupant for a first breach — there is no margin for confusion. Yet Propertymark argues that the current draft guidance from the Home Office introduces exactly that.
Propertymark's Key Concerns with the Draft Guidance
In its consultation response, Propertymark highlighted several areas where it believes the Home Office's draft guidance falls short of what the letting industry needs. The overarching theme is one of clarity: the guidance, in its current form, does not adequately address how agents operate in practice, nor does it provide the straightforward, actionable instructions that frontline staff require.
Complexity That Creates Compliance Risk
Letting agents employ a wide range of staff, from experienced property managers to junior administrators, all of whom may be responsible for conducting Right to Rent checks at some point. When guidance is overly complex or ambiguous, the risk of inconsistent application increases significantly. Propertymark stressed that simplified, plain-language guidance would not only improve compliance rates but also reduce the likelihood of agents inadvertently exposing themselves — and their landlord clients — to legal penalties.
Operational Realities Are Not Being Acknowledged
One of the most pointed criticisms in Propertymark's submission is that the existing guidance does not fully recognise how the letting agent role works in reality. Agents routinely conduct checks on behalf of landlords who may be based overseas, managing multiple properties, or simply unfamiliar with immigration documentation requirements. The guidance, according to Propertymark, does not sufficiently account for this delegated responsibility model, leaving agents without the clear framework they need to act confidently and correctly.
The Need for Better Support and Education
Beyond simplification, Propertymark also called for better educational resources to accompany any revised guidance. The body has consistently advocated for mandatory qualifications in the lettings sector, and its position here is consistent with that broader agenda: knowing the rules is not enough if agents do not have access to the training and support that helps them apply those rules correctly in nuanced, real-world situations.
The Wider Context: A Sector Under Regulatory Pressure
Propertymark's call for simpler Right to Rent guidance does not exist in isolation. The private rented sector is currently undergoing its most significant legislative transformation in decades. The Renters' Rights Bill, which is progressing through Parliament, is set to abolish Section 21 no-fault evictions, reform tenancy structures, and introduce a new Decent Homes Standard for the private rented sector, among a range of other measures.
At the same time, letting agents are grappling with updated anti-money laundering obligations, new energy efficiency requirements, and forthcoming changes to how tenancy deposits operate. In this environment, adding further layers of complexity to compliance obligations — without offering clear and practical guidance — risks creating a compliance burden that smaller agencies in particular may struggle to manage effectively.
Propertymark has been vocal throughout the legislative process in pushing for regulations that are both effective and workable. Its position is not one of opposition to regulation per se, but of advocacy for regulation that is designed with the people who must implement it firmly in mind.
What Should Letting Agents Do Now?
While the Home Office considers responses to its consultation and potentially revises its draft guidance, letting agents should ensure their current Right to Rent processes are as robust as possible. There are several practical steps worth taking in the interim.
- Review your internal Right to Rent checklist against the most current version of the Home Office's Code of Practice to identify any gaps in your existing procedures.
- Ensure all members of staff responsible for conducting checks have received up-to-date training, with particular attention paid to time-limited permissions and follow-up check requirements.
- Confirm that any Identity Service Providers you use for digital verification are certified by the UK Digital Identity and Attributes Trust Framework (UKDIATF), as uncertified checks do not provide a statutory excuse.
- Keep thorough records of every check conducted, including the date, documents reviewed, and the outcome, as this documentation is your primary defence in the event of a compliance dispute.
- Stay informed through Propertymark's updates and guidance, which is often one of the most practical and accessible sources of compliance information available to agents.
Looking Ahead: The Case for Proportionate Regulation
Propertymark's submission to the Home Office consultation is a timely reminder that good regulation requires more than good intentions. For Right to Rent to function as an effective immigration control measure, the agents and landlords responsible for carrying out checks must be able to understand and apply the rules with confidence. When guidance is unclear or fails to reflect how the industry actually operates, compliance suffers — and it is often tenants, particularly those with complex immigration statuses, who bear the consequences of poorly handled checks.
The Home Office now has an opportunity to respond to industry feedback constructively, producing guidance that is clear, practical, and proportionate to the realities of the letting market. Propertymark has made its position plain: simplicity is not a convenience — it is a compliance necessity. The lettings industry will be watching closely to see whether the government listens.