Skip to main content

News story

May 9, 2022

Ensure equality in residential tenancies

For residential landlords, identity checks on prospective tenants can be challenging and the penalties harsh for getting it wrong; but trying to avoid tenants with complex immigration status is not an option, as this opens the way to claims of unlawful discrimination.

The obligation to conduct so-called ‘right to rent’ checks were first imposed on landlords, or their agents, under the Immigration Act 2014, and later updated in the Immigration Act 2016. The aim was to prevent individuals without lawful immigration status from accessing the private rented sector. The checks apply to all prospective tenants over the age of 18 for a new residential let, whether via a private landlord, lettings agent or an owner-occupier renting to lodgers.

Since the initial checks were set out, the requirements have regularly been updated to reflect changes in the process and digitalisation of services. Most recently a new set of requirements came into force on 6 April 2022, outlining both online and manual right to work checks, depending on the status of the tenant. This includes changes to the way in which the Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) can be used to evidence a holder’s right to rent.

Previously landlords could accept a physical BRP, BRC or FWP as valid proof if it showed an expiry date within the term of the tenancy, but now this must be checked using the Home Office online service. Home Office online checks are also required for individuals who have only digital proof of their immigration status in the UK.

The checks can be extremely complex for some non-UK citizens and a recent House of Commons review of the regulation of private rented housing found 25% of landlords were unwilling to rent to non-British passport holders. But any landlord thinking to avoid their obligations, by deterring prospective foreign tenants or favouring those who are apparently British, could find themselves subject to action under anti-discriminatory measures and the Equality Act 2010.

Landlords who discriminate on the basis of a protected characteristic, such as race or racial grounds, including ‘colour, nationality, and ethnic or national origins’ could find themselves facing a claim for an uncapped level of damages if a prospective tenant with the right to live in the UK is rejected on these grounds. Or if a landlord publishes a discriminatory advertisement or instructs their agent to discriminate, the Equality and Human Rights Commission can bring proceedings.

When faced with all the small print and knowing there are fines or even imprisonment, for incorrectly carrying out right to rent checks, a landlord may think it simpler to look for a tenant who is more easily checked out, but that path is equally risky.

To avoid discrimination, every prospective tenant should be treated exactly the same way, so no one is discouraged or excluded, either directly or indirectly, because of a known or perceived protected characteristic. The right to rent checks should also be undertaken consistently, whether or not a landlord believes someone is a British citizen.

Getting guidance and regular updates on how to manage the checks is ideal, as things can change all the time. As well as the new requirements from 6 April, we recently saw the government release special rules regarding the right to rent checks for Ukrainian nationals escaping the conflict.

It’s also a good idea to adopt the Government checklist and follow the code that is set out, as that will demonstrate best practice and provide a statutory excuse against liability if you are found to have rented to anyone disqualified by reason of immigration status.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more
  • What happens when company owners disagree? The key to keeping private companies running smoothly
    Director and shareholder disagreements can quickly disrupt a business if they are not addressed early. This article explains what disputes can mean for a private company, how they can be avoided, and how legal advice can help protect stability and su


    Read more
  • SMEs urged to review risks as liability rules expand
    New criminal liability rules taking effect on 29 June 2026 will make it easier to prosecute businesses of any size where senior managers commit offences while acting on the organisation’s behalf.


    Read more
  • AI-written grievances add new pressure for employers
    AI is making it easier for employees to produce detailed, formal-looking grievances that refer to legal concepts and workplace rights. For employers, the key is to look beyond the language, identify the core concern and follow a fair, consistent grie


    Read more
  • What to check in a new build contract
    Buying a new build home can be exciting, but the legal process carries important risks. From long-stop dates and mortgage deadlines to specifications, deposits, service charges and warranties, early legal advice can help protect your position before


    Read more

What they say...

  • Client, July 2026
    Pragmatic, but commercially astute support “Genuinely, we valued your pragmatic, but commercially astute support. It has helped us get this tricky deal over the line in a manner that we both feel supports our needs in a balanced way and gives L

  • Chey, July 2026
    Professional and speedy “I’m extremely happy with the service provided by RIAA Barker Gillette. They were very professional, dealt with my matter at speed and were very accommodating with my disability. I wouldn’t hesitate to use th

  • Client, June 2026
    Thank you “I had a call with Pippa that was not only factual and to the point but also reassuring and very helpful. Would highly recommend.”

  • Client, June 2026
    Trusts services “Very helpful service which solved our problem.”

  • Client, June 2026
    Probate Services “We used Patrice Lawrence to deal with our parents’ probate, and she handled the case promptly, professionally and with the respect due for a matter of this nature.”

Read more
Send this to a friend