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Landlord to be given a say in “right-to-rent� court case

Right-to-Rent:

Landlords are to be given a major role in a court case
considering the future of the Government’s Right-to-Rent scheme.

 The Government has decided to appeal against a damning
criticism by the High Court earlier this year that the Right-to-Rent scheme breaches
human rights law because it causes racial discrimination that otherwise would
not happen.

Following a Judicial Review of the policy secured by the
JCWI and supported by the RLA, the presiding judge concluded that
discrimination by landlords was taking place â€œbecause of the
Scheme.â€� In his judgment he said that discrimination by landlords
was â€œlogical and wholly predictableâ€� when faced with potential
sanctions and penalties for getting things wrong.

The Court of Appeal has today agreed that the Residential
Landlords Association will be able to make a written and oral submission to the
case ensuring that the views of landlords are to be at the centre of the case.

Under the Right-to-Rent policy, private landlords face
potential imprisonment of up to 5 years if they know or have “reasonable cause
to believe� that the property they are letting is occupied by someone who does
not have the right to rent in the UK. It was introduced by Theresa May when
Home Secretary as part of the Home Office’s hostile environment for immigrants.

 Last month, the RLA, together with the JCWI and
the3million which represents EU citizens in the UK, called on Boris Johnson and
Jeremy Hunt to scrap the Right to Rent if they became Prime Minister.

David Smith, Policy Director for the Residential Landlords
Association, said:

“The Right to Rent has been a failure. No one has been
prosecuted under the scheme but it has created a great deal of anxiety for
landlords who do not want to go to prison for getting it wrong.

“We are disappointed that the Government has chosen to
appeal against what was a clear and damning verdict by the High Court. However,
we will ensure that the views of landlords are well represented as we send a
message that they should not be used to cover for the failings in the UK border
agencies.�

• A date for the appeal is yet to be set.
• The full High Court ruling on the Right to Rent can be accessed here
• The RLA’s most recent research on the Right to Rent can be accessed here
• The Independent Chief Inspectors of Borders and Immigration report on the Right to Rent can be accessed here The foreword notes state:

“Overall, I found that the RtR scheme had yet to demonstrate
its worth as a tool to encourage immigration compliance, with the Home Office
failing to coordinate, maximise or even measure effectively its use, while at
the same time doing little to address the concerns of stakeholders.�

Research by Oxford University’s Migration Observatory
notes: 

“The foreign-born population is almost three times as likely to be in the private rental sector (41% were in this sector in the second quarter of 2017), compared to the UK-born (15%).� Further details can be accessed here

The Residential
Landlords Association represents the interests of landlords in the private
rented sector across England and Wales.

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