BLB Solicitors
BLB Solicitors
  • Home
  • COVID-19 Hub
  • Services for You
    • Residential Property
    • Leasehold Property Rights
    • Property Dispute Resolution
    • Divorce and Family Law
    • Lifetime Planning and Wills
    • Probate and Estate Administration
    • Personal Injury Compensation
    • Medical Negligence
  • Services for Business
    • Commercial Property
    • Commercial Property Disputes
    • Company & Commercial
    • Estate Management
  • Locations
    • Almondsbury
    • Bath
    • Bristol
    • Bradford on Avon
    • Swindon
    • Trowbridge
  • About Us
    • Our Team
    • Working for BLB
    • How we work
    • Making Payments
    • Instructing BLB
    • Terms of Business
    • Complaints Policy
  • Blog
  • Contact Us
Property Dispute Resolution Mar 4th, 2019

The end of the Right to Rent?

In 2015, as a way of discouraging illegal residence in the UK, the government announced “that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.”

Since then, landlords who have failed to comply with their duty to check a tenant’s “Right to Rent”, have exposed themselves to both criminal liability and civil penalties of up to £3,000 per tenant.

Human Rights Act

However, in a judgment last week in the Administrative Court (which forms part of the High Court) the Right to Rent was declared incompatible with Articles 8 and 14 of the Human Rights Act. This is because the introduction of compulsory checks on immigration status, combined with potentially severe criminal liability for non-compliance, encourages landlords and lettings agents to offer tenancies to those who most obviously meet the requirements. In other words, those with a UK Passport are more likely to be offered a tenancy than those with other documents, even if those other documents are proof that the prospective tenant does have a Right to Rent.

The Court held the result is to invite discrimination against those with a less obvious Right to Rent. On this basis the scheme was held to be unlawful.

Appeal

The Home Secretary has been given permission to appeal against the judgment, but for the time being the Court has made a declaration of incompatibility. It is also of note that the Court was of the opinion that the Right to Rent scheme probably cannot be changed so as to cease to be discriminatory.

What happens now?

Despite the Court’s comments, whilst the case proceeds to appeal, landlords and lettings’ agents should continue to complete the Right to Rent checks. They should also take special care to avoid being accused of discrimination, by carefully considering all Right to Rent documents supplied, and making and retaining contemporaneous notes of the reasons why applicants for tenancies are unsuccessful.

In light of the judgment, the Government has announced that its plans to roll out Right to Rent requirements in Wales and Scotland will be put on hold for the time being.

Case: Joint Council for the Welfare of Immigrants,R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin)

About the author

Mike Hansom is a Partner in the Property Disputes Department of BLB Solicitors based in Bath. To discuss the issues raised in this article or any other aspect of landlord and tenant law, please call Mike on 01225 462871 or email him at mike.hansom@blbsolicitors.co.uk

Mike Hansom
Make an Enquiry

Recent Stories

  • Is a surprise extension to the Stamp Duty holiday imminent?
  • Annulling a marriage
  • At what age can a child decide which parent to live with?
  • UK Housing Market Forecast 2021
  • Tenant eviction ban extended in England

Newsletter Sign-up

* indicates required

Share this article

You may also like...

  • Sep 29th, 2018
    Residential Lettings: more regulation for landlords
    Read Article
  • Mar 20th, 2019
    Landlords – is your home fit for your tenants?
    Read Article
View All Related Articles

Get in-touch today

Contact Form

Left Column

Right Column

Centre

 
Sending
  • Bristol

    0117 905 5308
  • Bath

    01225 462871
  • Bradford on Avon

    01225 866541
  • Swindon

    01793 615011
  • Trowbridge

    01225 755656
  • Almondsbury

    0117 905 5308
Authorised & Regulated by Solicitors Regulation Authority (No. 636644)
©2021 BLB Solicitors | Terms | Privacy | Legal