In a decision of the High Court dated 1 March 2019, Mr Justice Spencer ruled that the “Right to Rent” scheme, which requires landlords to check the immigration status of tenants introduced in England in 2016, was discriminatory and violated the European Convention on Human Rights.
Mr Justice Spencer further ruled that the scheme should not be rolled out to the rest of the United Kingdom without further evaluation. The challenge was brought by the Joint Council for the Welfare of Immigrants (JCWI).
The “Right to Rent” scheme was trialled in the West Midlands before it was extended to all of England and requires landlords to carry out checks on prospective tenants. Failure to carry out the checks is a criminal offence which carries a maximum penalty of five years’ imprisonment or a fine.
Do note however, this ruling will not automatically lead to a change in Government policy, and the “Right to Rent” scheme remains in force unless, and until, Parliament changes the law. Landlords in England must therefore continue to comply with the regulations until further notice. An appeal may of course follow.
More information
For more information, please contact Emma Hardman.
Latest news
Anthony Collins procurement expertise continues to grow
Social purpose law firm, Anthony Collins, welcomes new legal director
Friday 24 January 2025
Read moreAnthony Collins advised B3Living on strategic acquisition of 250 social homes
The social housing team at Anthony Collins advised Hertfordshire-based B3Living on the successful acquisition of 250 social homes from Orbit Group.
Tuesday 19 November 2024
Read moreLatest webinars and podcasts
Podcast: Who gets the microwave? Episode 2 – Non-court dispute resolution
Listen to the second in a series of podcasts from our matrimonial team where Tom Gregory, Chris Lloyd-Smith and Maria Ramon put down their litigation weapons and discuss the importance of […]
Friday 22 November 2024
Read morePODCAST: Who gets the microwave?
The first in a series of podcasts from our matrimonial team begins with the team discussing what happens to pets during divorce and separation.
Friday 16 August 2024
Read more