News Update | Right to Rent v Human Rights

Further to our article on the recent High Court decision in R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department which determined the Government’s “Right to Rent” legislation to be incompatible with articles 14 and 8 of the European Convention on Human Rights, the Minister of State for Immigration, Caroline Nokes, has informed Parliament that the Home Office has been granted permission to appeal the Judgment.

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She has also reiterated that, at least for the time being, there are no changes to the Right to Rent policy and landlord and letting agents remain obligated to conduct Right to Rent checks as currently.

Landlords and letting agents should not only keep an eye out for the result of the Home Office’s appeal, but also further guidance as to the operation of the Right to Rent scheme which may be published after the Right to Rent Consultative Panel has convened in April.

For now, however, the position with regard to Right to Rent checks remains the same.