Immigration check breaches Human Rights law

13th March 2019

Immigration check breaches Human Rights law

Rules requiring landlords to check whether tenants are allowed to live in Britain is a breach of human rights, the High Court has ruled.

In a case brought by the Joint Council for the Welfare of Immigrants, a Judge ruled that the Right to Rent scheme has a disproportionately discriminatory effect and little impact on controlling immigration. 

The right to rent scheme, which requires landlords to check the immigration status of tenants, became law under the Immigration Act in 2014 and took effect in 2016 when the current Prime Minister was Home Secretary.

Nyree Applegarth, a Property Litigation specialist at Higgs & Sons, said: “It had long been thought that the obligation on Landlords to police prospective tenants’ immigration status was an unfair burden.

“The High Court has now ruled that forcing Landlords to check that their tenants are allowed to live in Britain actually breaches Human Rights laws. 

“Home Office officials have indicated that the Government intends to appeal the decision and we will watch this space with interest: it would be an irony if a policy designed to provide a hostile environment for unlawful immigrants were to now be confirmed as being unlawful.”

If you would like to discuss any of the issues raised in this article please contact Nyree Applegarth directly or any other member of the Property Litigation team.


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