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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 Rent policy induces discrimination which is a breach of Art 14. Second that this discrimination causes an interference with the right to private and family life which is guaranteed by Art 8.

Research and studies support the findings that 42% of landlords are less likely to rent to someone without a British Passport for fear of getting something wrong and facing prosecution. Furthermore, there is concern that this policy will cause further problems for EU citizens following Brexit if the government fails to issue any guidance in time. Our previous posts on this challenge can be read here.

The JCWI’s legal challenge is being supported by the Residential Landlords Association (RLA) who have applied to intervene in the case in order to explain the effects of the Right to Rent policy on landlords.

The Right to Rent policy only applies to England and this challenge by the JCWI may prevent the roll out to Northern Ireland, Wales and Scotland. We will of course update this post as soon as we have any further information.


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