Court of Appeal decision on right to rent scheme
The Court of Appeal has handed down judgment in the decision of The Secretary of State for the Home Department v. The Queen on the Application of the Joint Council for The Welfare of Immigrants  EWCA Civ 542 in relation to right to rent checks that a landlord is required to undertake prior to the commencement of a new tenancy.
Residential landlords in England are required to undertake right to rent checks to ensure that the proposed occupants have a “right to rent”. The proposed occupants must therefore provide satisfactory evidence that they are British Citizens or have leave to enter or remain in the UK.
A challenge was brought in the High Court by the Joint Council for The Welfare of Immigrants that the right to rent checks were a breach of the European Convention on Human Rights (“ECHR”).
The High Court held that the right to rent scheme was incompatible with Article 14 (enjoyment of ECHR rights without discrimination) of the ECHR when read in conjunction with Article 8 (right to respect for private and family life) and a decision to commence the scheme in Scotland, Wales and Northern Ireland would likely be a breach of Section 149 of the Equality Act 2010 due to the potential for discrimination. However, the Government appealed on 6 grounds.
Despite finding that the scheme did, to an extent, increase the risk of discrimination, the Court of Appeal allowed the Government’s appeal and dismissed the Joint Council’s cross-appeal with Lord Justice Hickinbottom stating “with respect to the contrary conclusion of the judge, considering all those factors (including the discrimination to which it gives rise), whether seen in terms of the manifestly without reasonable foundation criterion or on a simple proportionality balancing exercise, I consider the Scheme to be a proportionate means of achieving its legitimate objective and thus justified.”
The decision confirms that the scheme is proportionate and justified and, as such, landlords must continue to comply with the requirements of the scheme when letting residential properties within the private sector.
It is also worth highlighting that in light of the Coronavirus outbreak, the Government has made temporary adjustments to the way in which landlords carry out right to rent checks. A tenant may send a landlord scanned copies or photographs of their passport or other documents confirming their immigration status and the landlord may now ask to see the original during a video call to verify it against the digital documents. When the temporary adjustments are withdrawn, a landlord will be required to carry out the usual pre-COVID-19 checks retrospectively on tenants who started their tenancy during this period. If a tenant is found not to have had the right to rent, a landlord must take steps to end the tenancy and a landlord must comply with its reporting obligations to the Home Office. Further information as to the adjusted requirements can be found here in the Government’s guidance note.
This article is not a substitute for legal advice on the specific circumstances of your chase.
TL4 Fire Starters
Join us for a Festive FIRE Starters evening ahead of FIRE Starters Global Summit with our expert panellists.
Women in Chancery Christmas Celebration
Join us to celebrate the festive season and discuss the busy year we have had.
Part 2: The Tip of the Triangle – Taking advantage of London’s potential in the Life Sciences Sector
Rose Carey quoted in The Evening Standard on visitor visa applications
“Family visas are currently taking up to six months to process and with no priority service available...”
Charles Russell Speechlys advises Guildford Games Developer Community on the launch of Guildford.Games Ltd
Charles Russell Speechlys has advised the Guildford.Games committee, a not-for-profit initiative, on the formation of Guildford.Games Ltd
Alexia Egger Castillo
Inheritance contracts: An unknown planning tool for Brits with assets in Switzerland?
How you choose to dispose of your estate after death requires careful consideration, especially where assets are in multiple jurisdictions
FT Ignites Europe quotes William Garner on the FCA's approach to founder-led firms
"Taking a very strict line on founder-led firms risks undermining the FCA's competition mandate..."
Paula Boast is interviewed by Construction Week on Bahrain's construction industry and how it is moving towards more functional and responsible building
Dissecting Bahrain's construction practices
Part 1: The Tip of the Triangle – Examining London’s Potential in the Life Sciences Sector
HR Magazine quotes Nick Hurley on redundancy and employee rights
"Unfortunately the legal remedies for employees in companies that become insolvent are very limited"
Construction News quotes David Savage on the slight rise in construction output in September
"It remains to be seen how the sector reacted in October amid the political turmoil"
How final is a Final Certificate?
A recent Scottish case grappled with the complexities of a smash and grab adjudication.
HR Magazine quotes Nick Hawkins on a pregnancy discrimination case and what companies need to be mindful of
Pregnant worker given parenting tips before sacking wins tribunal case
Court of Appeal decides defective notice to quit not saved by 'Mannai' principles
The Court of Appeal handed down judgment in the second appeal in O G Thomas Amaethyddiath v Turner & Ors  EWCA Civ 1446.
Charles Russell Speechlys wins Best Legal Services: Private Equity – Pan – Africa at the AGF Service Providers Awards 2022
Best Legal Services: Private Equity – Pan – Africa at the AGF Service Providers Awards 2022
“Truss me, I quit!” - 5 Tips to Handle Unexpected Resignations and Post-employment Grievances
Read our guidance for employers on dealing with unexpected and “heat of the moment” resignations
Property Patter: Damages
Remedies are perhaps the main thing on a client’s mind when they start the process of litigation.
Sarah Jane Boon
The Independent quotes Sarah Jane Boon on the 9.6% divorce increase in 2021
ONS statistics - Divorces in England and Wales: 2021
JCT v NEC: Which contract is right for your project?
Unsure of what building contact to use. Learn the difference between NEC and JCT contracts with our guide.
Tristram van Lawick
Land Manager Collaboration for Environmental Delivery
Explore the different ways land managers can work together to engage with environmental markets.