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Right to Rent guidance amended

This month the short guidance to Right to Rent (RtR) guidance has been amended by the Home Office, mainly to deal with B5JSSK nationals. People who are allowed to reside in the UK are allowed to rent a property during their stay. This includes most people from Australia, Canada, New Zealand, Singapore, South Korea and […]

Rogue landlord database reform

The government has commenced a consultation on the database of rogue landlords and property agents. The consultation will seek views on who has access to the database and whether the scope of offences included on the database should be expanded. The database of rogue landlords and property agents was introduced as part of the Housing […]

Right to Rent appeal to be heard early 2020

The Home Office has been granted permission to appeal the High Court decision of March this year which held that the Right to Rent policy was unlawful. In March the Joint Council for the Welfare of Immigrants (JCWI) were successful in their claim that the Right to Rent scheme is incompatible with the European Convention […]

Government response to Right to Rent court decision

The Minister of State for Immigration, Caroline Nokes has issued a written ministerial statement in response to the High Court decision in the case of the JCWI against the Secretary of State.  The High Court held that the Right to Rent scheme was unlawful as it inevitably led to unlawful discrimination on the part of […]

Right to Rent – case

On 1 March the High Court released its decision in the case of Joint Council for the Welfare of Immigrants (JCWI) against the Secretary of State for the Home Department. The High Court has held that the Right to Rent policy is unlawful. This is a summary of the judgement which can be read in […]

Charges under the Tenant Fees Bill

A few weeks ago, we posted an update on the Tenant Fees Bill. We have since received a number of phone calls asking for more details on what agents can and cannot charge tenants for. Note that the fee ban does not apply to landlords. Unfortunately, the Bill could still be amended and as such […]

Right to Rent – again

The House of Commons Library has produced a briefing paper with an overview of the Right to Rent scheme. The briefing paper is some 35 pages but, below is a summary of some important points: The paper acknowledges that the RtR has proved controversial with concerns raised in a number of areas: The additional burden […]

Right to Rent – Judicial Review

The Joint Council for the Welfare of Immigrants’ (JCWI) legal challenge of the Right to Rent policy will be heard in the High court on 18th and 19th December. The JCWI’s argument is based on Article 8 and 14 of the European Convention on Human Rights. The 2-pronged challenge is based on first that the Right to […]

Right to Rent – A short Guide

On 29thJune the Home Office published an updated short guide on Right to Rent checks for landlords, agents and tenants. This does not replace the main code of practice but is intended to be a more accsssible document than the full code. Right to Rent (RtR) checks are carried out by landlords or agents renting […]

Right to Rent challenge

Some months ago, we wrote an article on the JCWI’s letter to the Secretary of State challenging he decision to roll out the Right to Rent (RtR) scheme to Northen Ireland, Wales and Scotland. The JCWI has now been given permission to judicially review the Secretary of State’s decision. Our previous post can be read […]

GDPR – continued

In our previous post we mentioned that organisations needed to be fully aware of the lawful processing basis that they are relying on for each data processing activity. This post will address the main bases applicable to agents. There are 6 lawful bases for processing and no single basis is more important or better than […]

Commonwealth citizens (‘Windrush’) and Right to Rent

Many commonwealth citizens have lived in the UK for most of their lives but recently it has become clear that they have had difficulty providing the necessary evidence to prove their status. The government has therefore issued urgent guidance for landlords on the RtR checks on undocumented commonwealth citizens while they take steps to resolve […]

Right to Rent

Last summer we wrote an article on the Joint Council for the Welfare of Immigrants (JCWI) letter to the Home Secretary challenging the decision to roll out the Right to Rent (RtR) scheme to Northern Ireland, Wales and Scotland. The JCWI is now proceeding with the threat to judicially review the Home Secretary’s decision. Our […]

Right to Rent: Call for evidence

On 10th November, the Independent Chief Inspector of Borders and Immigration’s call for evidence closed. The Chief Inspector was seeking contributions from members of the public and stakeholders on the Right to Rent. Specifically, the Chief Inspector will examine: planning for the initial introduction of RtR, including success criteria, and the identification and mitigation of […]