Skip to content

Sim Login

Right to Rent scheme is breach of human rights

A High Court judge has ruled that the ‘Right to Rent’ Scheme, which compels landlords to check the immigration status of their tenants, is a breach of human rights.

The honourable Mr Justice Martin Spencer said on Friday that it would be illegal to launch the scheme in Scotland, Wales and Northern Ireland without reviewing it further. Its ‘little or no effect’ on controlling immigration was ‘significantly outweighed by the discriminatory effect’.

The policy was introduced in 2016 in England as part of the ‘hostile environment’ to deter illegal immigrants from settling in the UK. If a landlord failed to check the immigration status, they were committing a criminal offence, carrying a maximum penalty of five years’ imprisonment or a fine.

As a result, some landlords were being wrongly prejudiced against potential tenants based on their nationality and ethnicity, even if they were legally resident.  Those without a British passport for instance, or limited time to remain in the UK, would be less likely to be offered tenancy.

The Joint Council for the Welfare of Immigrants are longstanding critics of the scheme. They brought the challenge to court, claiming that  it was ‘race discrimination against those who are perfectly entitled to rent”.

The Home Office responded by saying it was ‘disappointed’.


Insight magazine

Insight magazine

Super professional and responsive!

RM, Private Client

A big thanks to SSW for their support and guidance, it has been a pleasure working with them on my case.

LA, Private client

A very pleasant and clear process with Smith Stone Walters. The team were always responsive, helpful, and positive.

WS, Software company

The team is outstandingly helpful, incredibly professional, exceptionally efficient, and impressively proactive. Their dedication and commitment are truly commendable.

JK, Accounting Company

Exceptionally efficient and seamless delivery of services. Very friendly and helpful Consultants.

MG, Law Firm

The whole team were the epitome of professionalism throughout the process. I would not hesitate to recommend Smith Stone Walters and have already done so.

NG, Healthcare Company

Top notch experience. Thank you for your incredible promptness and patience in answering all the queries.

AK, Technology Company
Thank
you
We’ll be in touch shortly!