No Change for Landlords as Right to Rent Case Goes to Appeal

The Home Office has appealed against the recent High Court ruling that Right to Rent breaks European human rights laws. 

Judge Martin Spencer was scathing about the policy that makes landlords check the residency status of immigrants and British ethnic minorities. 

He ruled Right to Rent leads to discrimination and urged the government not to roll out the policy from England to the rest of the UK without conducting a rigorous review. Doing so could also flout equality laws. 

Home Office Minister for Immigration Caroline Nokes explained that the government disagrees with the ruling and spelt out that landlords and letting agents need to obey the law.

“In the meantime, the provisions passed by this House in 2014 remain in force,” the statement by s said the minister. 

“There are no immediate changes to the operation of the policy. Landlords and letting agents are still obliged to conduct Right to Rent checks as required in legislation. 

“The law was and remains absolutely clear that discriminatory treatment on the part of anyone carrying out these checks is unlawful. And the Right to Rent legislation provides for a Code of Practice which sets out what landlords are expected to do.”

Read the Home Office post-hearing statement in full.

View Related Handbook Page

Immigration Act and Right to Rent

All landlords and agents need to check the identity of all prospective occupiers. Copies of the documents obtained will need to be securely stored. Landlords and agents must not authorise an adult to occupy a property where the adult is not a national of the UK and Colonies or Republic of Ireland, AND who does not have the right to enter or remain in the UK unless the prescribed requirements have been complied with.