Changes To Right To Rent Checks From 1 July

The Home Office has released a draft revised Right to Rent Code of Practice in readiness for changes to checks in England, from 1 July 2021. A draft code has been published with updates that reflect the introduction of the new Regulations, making a number of changes that come into force after 1 July 2021. In broad terms, from 1 July agents will move from checking nationality to checking the UK immigration status of all adult applicants. From this point, if someone is an EEA, EU, or Swiss national, you will need to see evidence of their UK immigration status rather than their national identification. Read more on the ARLA website.

https://www.arla.co.uk/news/june-2021/changes-to-right-to-rent-checks-from-1-july/ 

Government Makes Changes To Right To Rent During Lockdown

Right to Rent checks have been adapted to “make it easier for landlords” to carry them out during the Coronavirus outbreak, the Home Secretary has announced. Effective immediately, the temporary changes will mean the Home Office will not require landlords to see original documents and will allow checks to be undertaken over video calls. These temporary changes will mean that, during the Coronavirus outbreak, prospective renters and workers are now able to submit scanned documents, rather than originals, to show they have a right to rent or right to work. Read more on 24housing.

https://www.24housing.co.uk/news/government-make-changes-to-controversial-right-to-rent-during-coronavirus-lockdown/

Updated Right To Rent Check Guidance

Guidance on conducting right to rent checks on nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA who have entered the UK through eGates as visitors has been updated. Nationals of these countries may enter the UK using eGates and will not have their passports endorsed by a Border Force Officer on arrival. Those coming for more than six months will have a visa and will receive a biometric residence permit after arrival. Those entering as visitors do not require a visa and will not have UK stamps placed in their passport but will have a right to remain in the UK for six months and are entitled to rent property for this period. Read more on the ARLA website.

https://www.arla.co.uk/news/october-2019/updated-right-to-rent-check-guidance/

Right To Rent Guidance Breaks The Law

New guidance from the government on its Right to Rent scheme would see landlords breaking the law if they followed it.  The document says that for nationals from certain countries, planning on staying in the UK for up to six months, landlords will only be required to see their passport and airline ticket as proof that they can rent property. Whilst this guidance has no legal standing, the legally binding Code of Practice agreed by Parliament makes clear that for such nationals landlords must be shown clear evidence from the Home Office that the holder has the right, either permanent, or for a time limited period, to reside in the UK. A simple airline ticket with a passport does not meet this threshold.  Read more on the RLA website.

https://news.rla.org.uk/rent-to-rent-guidance-breaks-the-law/

Landlords To Have Say In Right To Rent Case

Landlords will have a major role to play 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 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 “because of the scheme.” In his judgment he said that discrimination by landlords was “logical and wholly predictable” when faced with potential sanctions and penalties for getting things wrong. Read more on the RLA website.

https://news.rla.org.uk/landlords-to-have-say-in-right-to-rent-case/

Private Rented Housing: Ethnic Groups – Parliamentary Written Answer

Mr Jim Cunningham: To ask the Secretary of State for the Home Department, what assessment he has made of the effect of right to rent on the ability of BAME tenants to access the rental market. 

Caroline Nokes: The Government published an evaluation of the first phase of the Right to Rent Scheme in the West Midlands in October 2015, which found no evidence that the scheme caused systematic discrimination in the rental sector. This is available at https://www.gov.uk/government/publications/evaluation-of-the-right-to-rent-scheme  The scheme was the subject of a public consultation and equality impact assessment prior to the introduction of the Immigration Act 2014. The Home Office is taking forward a further evaluation of the scheme’s operation across England.

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2019-07-01/271637

Leadership Hopefuls Told Right To Rent Must Be Scrapped

Conservative Party leadership candidates Boris Johnson and Jeremy Hunt are being urged to scrap the controversial Right to Rent scheme. A coalition of organisations made up of the Residential Landlords Association, the Joint Council for the Welfare of Immigrants and the3million, which represents EU citizens in the UK, have united in calling on both candidates to scrap the policy after the High Court ruled it causes discrimination against British ethnic minorities. 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 “because of the Scheme.” Read more on the RLA website.

https://news.rla.org.uk/leadership-hopefuls-told-right-to-rent-must-be-scrapped/

‘Racist’ Right To Rent Now A ‘Farce’

“Racist” Right to Rent is now a “farce”, as the High Court hits the flagship immigration policy with another legal torpedo. A ruling is interpreted by the RLA as saying a landlord seeking to repossess property where the Home Office tells them a tenant does not have the right to rent is breaching equalities law. “This new ruling makes the Right To Rent a farce, to put landlords in a position where acting on a direct instruction provided by the Home Office leaves them open to breaching equality law cannot be tolerated,” said RLA policy director David Smith. The RLA is seeking urgent changes from the Home Office to address the “farcical” situation. Read more on 24housing.

https://www.24housing.co.uk/news/racist-right-to-rent-now-a-farce/

High Court Rules Right To Rent Breaches Human Rights

The High Court has ruled that the government’s Right To Rent scheme breaches human rights law in a damning verdict on government immigration policy. Mr Justice Martin Spencer ruled that the scheme breached the European Convention on Human Rights on the basis that it led to discrimination against non-UK nationals with the right to rent and British ethnic minorities. Referring extensively to argument and evidence provided by the RLA, Justice Spencer concluded that discrimination by landlords was taking place “because of the Scheme”. He went on to conclude that “the government’s own evaluation failed to consider discrimination on grounds of nationality at all – only on grounds of ethnicity”. Read more on 24housing.

https://www.24housing.co.uk/news/breaking-high-court-rules-right-to-rent-scheme-breaches-human-rights-law/

Attitudes Harden On Right To Rent

As the High Court hears a Judicial Review of the government’s Right to Rent scheme, new stats show 44% of private landlords are less likely to rent to those without a British passport. Revealed in research released by the RLA, the percentage is up from 42% last year and comes as the High Court today begins a Judicial Review of the government’s flagship Right to Rent scheme. The RLA wants Right to Rent policy to be scrapped altogether, arguing it discriminates against those unable to easily prove their identity and foreign-born nationals who have documents unfamiliar to landlords. Read more on the RLA website.

https://news.rla.org.uk/attitudes-harden-on-right-to-rent/ 

High Court Agrees To Review Of Right To Rent Policy

The High Court has given permission for a legal review to be launched into the Government’s Right to Rent policy. The Joint Council for the Welfare of Immigrants (JCWI) has been granted permission by the High Court to proceed with their legal challenge against the policy, which the RLA supports. Right to Rent is a flagship part of the ‘hostile environment’ strategy for illegal immigrants introduced by the Prime Minister whilst she was at the Home Office. Read more on the RLA website.

https://news.rla.org.uk/right-to-rent-judicial-review-bid-heard-in-high-court/

‘Right To Rent’ Rules Discriminate Against Non-UK Nationals

Plans to force landlords across Britain to check the immigration status of potential tenants will be challenged in court this week after claims that they are causing serious discrimination. Landlords, politicians and immigration lawyers have all raised concerns about the “right to rent” policy, a key branch of the government’s attempt to create a “hostile environment” for illegal immigrants. Under the rules landlords face fines, or even prison, should they house people with no right to be in the country. However, there is now evidence that landlords are ignoring tenancy applications from people with “foreign-sounding” names, from ethnic minorities, and from those without British passports. Choosing someone with a British passport means landlords do not have to carry out additional online checks. Read more on the Observer website.

https://www.theguardian.com/uk-news/2018/jun/02/legal-challenge-rent-rules-discriminate-non-uk-nationals

New Right To Rent Guidance For Commonwealth Citizens Is Inadequate

Updated guidance that has been published by the Government on Right to Rent checks for those who are Commonwealth citizens does not provide clarity for landlords. The updated guidance has been published to benefit landlords who wish to rent private residential property out in England to Commonwealth citizens (known as Windrush cases) who are long-term residents of the UK but do not have documents to demonstrate their status. It explains their position and gives details of a helpline for landlords to call if they are concerned about a prospective tenants’ ability to evident their right to rent. Read more on the RLA website.

https://news.rla.org.uk/new-right-to-rent-guidance-for-commonwealth-citizens-lacks-clarity/

Chief Inspector Of Borders & Immigration Slams Right To Rent

A scathing report by the Independent Chief Inspector of Borders and Immigration, David Bolt, has found that:

“the Right to Rent (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”. The report highlights concerns and criticisms raised by the NLA and stakeholder groups publically and through the Landlords Consultative Panel chaired by the Immigration Minister. Read more on the NLA website.

https://www.landlords.org.uk/news-campaigns/news/chief-inspector-borders-immigration-slams-right-rent

Landlords Back Bid To Overturn Right To Rent

The country’s leading landlord organisation is supporting efforts to overturn a flagship immigration policy, saying its members won’t be “scapegoats for the failures of the border agencies.” Under the Right to Rent Scheme landlords are responsible for checking the immigration status of their tenants with the prospect of prosecution 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. Now, the Residential Landlords Association (RLA) is supporting a Judicial Review of the policy being sought today by the Joint Council for the Welfare of Immigrants (JCWI) which argues that the policy discriminates against foreign nationals. Read more on the RLA website.

https://news.rla.org.uk/rla-backs-legal-bid-overturn-right-right/

Nearly Half Of Landlords Less Likely To Rent To Those Without British Passports

Over 40 per cent of landlords are less likely to consider renting to someone without a British passport as a result of the Government’s Right to Rent scheme. The Residential Landlords Association (RLA)  is calling for a halt to the scheme pending a full review of its impact on tenants and is concerned especially at the impact it is having on the 17 per cent of UK residents who do not have a passport. The research found that 49 per cent of landlords are now less likely to consider letting to someone who has permission to stay in the UK for a limited time-period.  Read more on the RLA website.

Forged Ids: Landlord Laws 'Fuelling Black Market'

Legislation aimed at preventing illegal immigrants from renting properties is fuelling a black market in forged IDs. Under Right to Rent rules landlords must check the immigration status of new tenants. But criminal gangs are helping undocumented immigrants flout the law by them selling fake documents. A Home Affairs spokesperson said landlords were not expected to be experts in spotting forged documents. However, David Smith of Anthony Gold Solicitors, who specialises in landlord and tenant law, said this lack of expertise was problematic. "They (landlords) do not have the knowledge or skills to do the job properly. I've never met a landlord who can tell a valid Liechtenstein passport from a forgery," he told the BBC. Read more on the BBC website.

All Landlords Need To Know About The Conservative Manifesto.

There are hints that incentives might be used to encourage landlords to offer longer term contracts, including;

• Fair Debt - A fair debt policy – creating a “Breathing Space” for those in serious problem debt, protection from further interest, charges and enforcement action for up to six weeks. This would be beneficial for vulnerable households who are caught in a spiral of debt.
• Equality - Equalities law will be strengthened so that private landlords who discriminate are properly investigated and prosecuted. This comes as the Government are facing possible legal action over Right to Rent.
• Energy Efficiency - A commitment to upgrading all fuel poor homes to EPC band C by 2030.

In conclusion - Tenants are now clearly seen as consumers by the Conservatives with landlords being seen as providing a service.

Read more on the NLA website.

JCWI To Challenge Home Office Over Right-To-Rent

The Joint Council for Welfare of Immigrants (JCWI) has written to the Home Office to call for a halt to the rollout of the scheme of the Government’s Right-to-Rent scheme awaiting a full evaluation of its impact in England. The Joint Council is threatening to take legal action if the Government continues to implement the policy, which is yet to expand beyond England. Saira Grant, Chief Executive of JCWI, said: “In the face of clear evidence of discrimination under Right-to-Rent, the Government must show it is not acting illegally before it presses ahead with a rollout to the rest of the UK.”Read more on the NLA website.

Landlords Fined After Roll-Out Of New Right To Rent Checks

Dozens of landlords have been fined under a crackdown on illegal immigration. Financial penalties totalling £37,000 were handed out in the first eight months after the Right to Rent scheme was rolled out across England, figures obtained by the Press Association reveal. The fines were issued to 62 landlords between the start of February and end of September last year - a rate of around one every four days. Read more on the Belfast Telegraph.