Rights and Right to rent

Joint Council for the Welfare of Immigrants, R (On the Application Of) v Secretary of State for the Home Department (2019) EWHC 452 (Admin) (For transparency, I acted for one of the interveners, the Residential Landlords Association, in this case.) This was a judicial review claim by JCWI of the Right to Rent Scheme, as brought in by Immigration Acts 2014 and 2016 and its proposed rollout to the rest of the UK beyond England. The RLA, Liberty and (by written submissions) the EHRC intervened in support of JCWI. The claim alleged that the Scheme caused landlords to commit nationality and/or race discrimination, contrary to Article 8 and Article 14 of the Convention, and that the Secretary of State had failed to carry out adequate or any evaluation of the Scheme. To save unnecessary tension, and quite remarkably, the result was that the Right to Rent Scheme was declared incompatible with Art 8 and Art 14, and any further roll out of the Scheme without significant review…

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