Right to Rent checks have been part of English tenancies since the Immigration Act 2014, but the system has been repeatedly challenged for encouraging discrimination. A compliant check protects the landlord — but certain practices cross into direct or indirect discrimination under the Equality Act 2010. Before signing an English tenancy, know what the Right to Rent scheme actually requires, what it doesn't, and how to spot a practice that's discriminatory rather than simply cautious.
What is a Right to Rent Checks?
Right to Rent is the legal duty in England under the Immigration Act 2014 (ss 20-37) for landlords (and, since 2016, agents) to check that prospective adult occupiers have a right to rent residential accommodation. The scheme does not apply in Scotland, Wales, or Northern Ireland. Landlords who fail to check may face civil penalties (up to £3,000 per adult occupier) and criminal sanctions (up to 5 years' imprisonment) under the Immigration Act 2016 amendments. Checks can be conducted manually, via an Identity Service Provider (IDSP) for UK passport holders under the 2022 digital-check reforms, or via the Home Office online service (for migrants with digital status). The scheme has been criticized and partially ruled discriminatory in R (JCWI) v Secretary of State for the Home Department [2020] EWCA Civ 542.
Red flags to watch for
R (JCWI) v SSHD [2020] EWCA Civ 542 held that the scheme can cause discrimination. A 'British passport only' policy is likely direct or indirect discrimination under ss 13 or 19 of the Equality Act 2010.
Right to Rent checks are required before granting the tenancy, not at first contact. Requiring documents at enquiry can deter applicants and amount to indirect discrimination.
Charging a higher rent or deposit on the basis of migration status is likely indirect discrimination and may breach the Tenant Fees Act 2019.
EU settlement scheme holders and other migrants may only have digital status. The landlord must accept Home Office online check outputs — refusal is a Code of Practice breach.
Follow-up checks are required only when a tenant has a time-limited right to rent, and the timing is set by the Act. Routine re-checks of tenants with permanent status are unjustified.
A general policy that a guarantor must have permanent UK status may indirectly discriminate. Guarantor requirements should be tied to financial assessment, not nationality.
5 weeks' rent (or 6 for rents above £50,000/year) is the statutory cap. 'Risk premium' deposits for migrants are unlawful under the Tenant Fees Act 2019 and likely discriminatory.
Your legal rights
Tenants in England are protected by: the Immigration Act 2014 (Part 3, ss 20-37) and the Immigration Act 2016 amendments; the Right to Rent Code of Practice (Home Office, current version); the Equality Act 2010 (ss 13 direct discrimination, 19 indirect discrimination, protected characteristics including race, nationality, and ethnic origin); R (JCWI) v Secretary of State for the Home Department [2020] EWCA Civ 542 on discriminatory application; the Housing Act 1988 (for Assured Shorthold Tenancy protections); the Tenant Fees Act 2019 (capping permitted fees and deposits); the Protection from Eviction Act 1977 (unlawful eviction); and the Data Protection Act 2018 / UK GDPR (handling of immigration documents). Scotland, Wales, and Northern Ireland do not apply Right to Rent. Complaints can go to the Equality and Human Rights Commission, Shelter, JCWI, or the First-tier Tribunal (Property Chamber). Compensation for discrimination is unlimited in principle under the Equality Act.
Questions to ask before you sign
- 1What documents are required, and under which route (manual, IDSP, or online)?
- 2At what stage of the application are Right to Rent documents requested?
- 3What happens if my right to rent is time-limited — what follow-up checks apply?
- 4Is the deposit set at the Tenant Fees Act cap, or is a premium being applied?
- 5What is the landlord's written Equality Act compliance statement?
- 6How will my immigration documents be stored and retained under UK GDPR?
- 7Are all applicants required to show the same documents, or is there differential treatment?
- 8What is the complaints process if I believe there's been discrimination?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.