It was a major defeat for the government. On the 1st March 2019, a court threw out the Right To Rent checks which had been introduced in England in 2016. It was planned that the scheme would roll out in Scotland, Wales, and Northern Ireland later this year. But that has thrown a spanner in the works.
What Was / Is Right to Rent Checks?
Right To Rent came into law in 2016 to concerns about illegal immigration and the rogue landlords that exploited such people. it placed on property owners an obligation to ensure the immigration status of anyone wishing to rent from them. British citizens were required to show a passport or other legal form of ID such as a driver’s license. Immigrants were required to prove their right to live in the country – either on the relevant visa or documents confirming their right to a permanent residency.
What Did the Court Decide?
The High Court ruled that such checks, designed to prevent illegal immigration, were "discriminatory". Further, it breached human rights laws. It further went on to point out that it would now be illegal to impose Right to Rent in the other three countries of the UK as it presently stands.
The presiding judge Mr Justice Spencer stated that the Right to Rent Checks had little to no impact on its intended outcomes. Even if it did achieve what it was setting out to do, the measures were illegal due to the discrimination it incited and the basic human rights it breached. Whether intentional or not, there were many cases of property owners refusing rental agreements to people based on ethnicity and nationality, even when people were born in the UK or otherwise had a legal right to live here.
Government To Appeal
The initial challenge came courtesy of the Joint Council for the Welfare of Immigrants (JCWI). Their case rested on the assertion that it encourages race discrimination, even against those with a legal right to live in the United Kingdom. The Home Office’s defence rested on an assertion – that they say was based on an independent study – of no evidence of discrimination.
Most notably, prominent landlord representative organisation Residential Landlords Association (RLA) welcomed the ruling. They felt that landlords were being co-opted into being an unofficial border police. They backed up the claim that people with a legal right to rent were being turned away although they insisted it had little to do with discrimination. They said there was a genuine fear among members of getting it wrong in permitting potentially illegal immigrants to rent from them and the repercussions of doing so. For landlords of students, that meant refusal of those with only a short amount of time left on their visa.
The government has been allowed to appeal the case. Further developments are due soon.