It’s time to end Right to Rent checks

We are calling on the government to finally bring an end to the discriminatory Right to Rent policy.

We have published a report collating the evidence demonstrating the harmful impact that the policy has on private renters – especially those born abroad who do have the right to rent in England and those from minority ethnic backgrounds.

What is Right to Rent?

Landlords are legally required by the government to check their tenant’s immigration status to confirm that they have a right to rent in England.

The Immigration Act 2014 and the Immigration Act 2016 contain the provisions that make up the Right to Rent scheme. The scheme is currently only in place in England, and not the rest of the UK.

Although landlords and agents must not make assumptions about who has the right to rent, government research found that 25% of landlords were unwilling, on principle, to let to non-British passport holders, even when they would have the right to rent here.

What does the report say?

The report is a collection of research, statistics, testimonies of people with lived experience and views of stakeholders – ranging from housing, renting, landlord and migrant groups as well as academics and policymakers – building the case against Right to Rent.

A snapshot of the impact of Right to Rent

  1. Research by Generation Rent in 2022 found that more than two in five migrant private renters had struggled to find a landlord or letting agent to rent to them as a migrant.
  2. 24% of landlords felt unable to rent to non-UK passport holders in June 2024 – over eight years since Right to Rent was introduced, according to the Tenancy Deposit Scheme (TDS).
  3. In the same research, 56% of landlords who felt unable to rent to non-UK passport holders cited the risk of civil penalties when being caught out by the Right to Rent policy as a reason.
  4. 85% of prospective tenants did NOT receive any response when enquiring for a new home when they asked the landlord or letting agent to conduct an online ‘Right to Rent’ check, according to research by the JCWI.
  5. It takes twice as long for Black and minority ethnic groups and migrant peoples to find a home to rent compared to a white British person.

Mother taking care of her child at home.

Private renter testimonies

Generation Rent conducted roundtables in partnership with UNISON in April 2024 to better understand the experiences of public sector workers. Many of the participants discussed the negative impact that Right to Rent had on their, and their family and friends’, ability to find safe and secure homes.

Please note: All respondents to the roundtable have had their names changed to protect
their anonymity.

“I was new in the UK and the landlord said, in order for him to give me the house, I’ll have to pay for six months. I had Right to Rent but, he said, because I was new the only way I could get the house was to pay six months deposit. And because I was desperate… I had to pay the six month’s rent to get the house.” – Margaret

“You’re not from here, you don’t have a UK passport, and you can’t prove your Right to Rent, and you don’t have previous renting history that your former landlord can give you a reference, it’s been difficult for you to get accommodation. So, what most of us usually do is stay in AirBnB for more than three months.” – Adebola

“In the last place, I had a friend that moved over from Belgium, who had a right to live and work in the UK. But we found that the fact that she was coming from Belgium, and she had a Belgium address, we were getting landlords saying, ‘Well, we can’t take you on, I don’t want to have to go through the Right to Rent checks.'” – Sam

In-depth: Ukrainian refugees

In 2023, Generation Rent investigated the experiences of Ukrainian refugees. Of the 259 Ukrainians who were actively looking for a home to rent privately between November 2022 and January 2023:

  • 1 in 8 (12.4%) stated that they had struggled to prove their right to rent in England to a landlord or letting agent.
  • Over two thirds (67.6%) had struggled to find a landlord or letting agent to rent to them as a migrant or refugee.

One respondent said: “I need to find a place to rent within two months. The deadline has already been reduced to one month, and the search has been unsuccessful. Many agencies, when they hear an accent, when they see a foreign surname – they simply say that everything is busy for viewing weeks ahead.”

A second respondent commented: “It is very difficult to find housing when they hear that the chances are decreasing from Ukraine, there are long queues, or they do not even register when they hear an accent, although we work and pay taxes.”

What needs to happen?

The Renters’ Reform Bill is a huge opportunity to reform and rebuild private renting for all. However, for it to be a successful Bill, it must reach those in most need of change. That is marginalised renters – especially those who are from migrant and minority ethnic communities – facing the sharpest end of the housing and rental crisis.

For the Renters’ Rights Bill to reach through to marginalised communities it must end the Right to Rent policy.

This discriminatory policy restricts the number of safe and secure homes available to migrant peoples and minority ethnic communities and forces many to choose between enduring poor quality and even dangerous living conditions and homelessness.

Can you support our campaign to end discrimination and inequality for renters? Sign up here.

Do you have a story to tell about struggling to access safe and secure homes? Tell your story here.

Read our full report on Right to Rent here.

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Individual Advice

Generation Rent can’t offer advice about individual problems. Here are a few organisations that can:

You might also find quick but informal help on ACORN’s Facebook forum, and there are more suggestions on The Renters Guide.