The Right to Rent Scheme: An Introduction

The Right to Rent scheme, introduced by Theresa May when she was Home Secretary, aimed to address the growing concerns around illegal immigration. However, it has sparked controversy and criticism over its implementation and impact on landlords.

Who is Responsible for Checking Tenants' Immigration Status?

Landlords were made responsible for checking the immigration status of tenants under the Right to Rent scheme. This responsibility has led to significant concerns, especially among landlord organizations, who argue that it unfairly places them in a position where they could face prosecution if they fail to verify status correctly.

The Legal Challenge Against Right to Rent

The Joint Council for the Welfare of Immigrants (JCWI), with backing from organizations like the Residential Landlords Association (RLA) and Liberty, challenged the Right to Rent policy in court. They argued that it led to discrimination and violated human rights, particularly against non-UK nationals and British ethnic minorities.

High Court’s Ruling on Human Rights Violations

In a pivotal decision, the High Court ruled that the Right to Rent scheme breaches the European Convention on Human Rights. The ruling highlights how the scheme fosters discrimination by landlords against non-UK nationals, and it also emphasizes the inadequacy of the government's safeguards to prevent such discrimination.

The Government's Safeguards: Ineffective or Insufficient?

Despite the government's efforts to provide safeguards such as online guidance and telephone advice, the High Court found these measures ineffective in preventing discrimination. The evaluation of the scheme was also criticized for failing to consider discrimination based on nationality, focusing only on ethnicity.

Calls for the Scrapping of Right to Rent

Following the court ruling, the Residential Landlords Association (RLA) has called on the government to accept the decision and abandon the Right to Rent scheme. They advocate for a more sensible approach to managing immigration, one that does not burden untrained landlords with the responsibilities of the Home Office.