The Joint Council for the Welfare of Immigrants (JCWI) has written to Home Secretary Amber Rudd, demanding that she orders a full evaluation of the ‘Right to Rent’ initiative requiring landlords to carry out immigration checks on prospective tenants. The ‘Right to Rent’ checks were first introduced on a trial basis in 2014 in the West Midlands, before coming into force across England in February 2016. The powers to extend the ‘Right to Rent’ scheme are contained in the 2016 Immigration Act, however have not yet been implemented in Scotland, Wales and Northern Ireland. The measure was introduced by Teresa May, Home Secretary at the time, as part of a drive to “create a hostile environment for illegal immigrants in Britain”. The scheme sought to deny housing to undocumented migrants, subsequently encouraging them to leave the UK.
May said the Act would make it easier for landlords to evict people without the right to be in the UK, whilst creating a new criminal offence which would target “rogue landlords” who fail to carry out the correct checks for tenants. A report released in February by the JCWI and the Residential Landlords Association (RLA) revealed some of the discriminatory consequences of the scheme. 51% of surveyed landlords reported that the scheme would make them less likely to rent to foreign nationals, meanwhile a mystery shopping exercise found that 58% of landlords either ignored or rejected inquiries from black British potential tenants.The report found little evidence that the scheme was successfully encouraging undocumented migrants to leave the UK, meanwhile evidence suggests that the scheme is fostering discrimination against black and minority ethnic British citizens, foreign nationals, and British nationals who not have a passport. Additionally, the scheme imposes extra costs on landlords, agents and tenants, with landlords facing fines for not participating in the scheme.
Last year a number of landlords reportedly faced fines for failing to comply to the requirements of the ‘Right to Rent’ scheme, with fines amounting to as much as £3,000. Chief Executive of the JCWI has stated: “The government must carry out a thorough review – until then, any extension to other parts of the UK would be premature, dangerous and potentially illegal.” The JCWI has threatened the government with legal action should they proceed with the ‘right to rent’ immigration checks in the rest of the UK without a thorough evaluation of their impact. The JCWI is currently crowdfunding for legal fees to cover future legal action against the Home Office should it fail to respond to the demand to evaluate both the discriminatory impact and cost-effectiveness of the ‘Right to Rent’ scheme before it is rolled out to the rest of the UK.
The government urgently needs to revaluate the effect the right to rent scheme is having on vulnerable tenants who are struggling to find accommodation before it is implemented to other parts of the UK. Although the purpose of the scheme is to act as a deterrent by denying housing to undocumented migrants and encouraging them to leave the UK, there is little benefit from this scheme and more detriment being caused to landlords and tenants.
Duncan Lewis Housing Solicitors
If you have been subject to discrimination from your landlord, Duncan Lewis Housing Solicitors may be able to help. Duncan Lewis Housing Solicitors can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. The Housing Department also offers representation in all proceedings including reviews, appeals and judicial review proceedings relating to homelessness, disrepair, succession for tenants and neighbourhood disputes against local authorities. If you have any housing related queries or require representation please do not hesitate to contact our team of expert solicitors on 03337 720 409.——————Saniya Taqi
