Landlords and agents have had to carry out right to rent checks under on tenants since 2016 (and in some areas since 2014) – but is the right to rent scheme inherently discriminatory? And if so, is it an unlawful?
This was the view taken by the Joint Council for the Welfare of Immigrants (JCWI) who challenged the government in Judicial review proceedings which were successful in the High Court in 2019. However, this decision was recently overturned by the Court of Appeal.
As well as the JCWI, there were three ‘interveners’ – Liberty, the Equalities and Human Rights Commission and the Residential Landlords Association (RLA). The barrister for the RLA was Justin Bates who is our guest in this Landlord Law Legal cases webinar.
The Legal Cases Webinar
The webinar will take place on Thursday 30 April and will feature a pre-recorded interview with Justin which looks at the background to the proceedings, the two decisions and the wider implications of the case.
It was a fascinating talk.
Justin goes in some detail into the background including the reasons for the legislation behind the scheme and why he believes it is unjustified (spoiler alert – this is not an impartial discussion!).
We discuss the evidence obtained which proves the discrimination – which was accepted by both the High Court and the Court of Appeal – and Justin explains why the Court of Appeal took a different approach to the High Court in their Judgement.
We also look at the important issues thrown up by the legislation, for example –
- Is it right for Government to pass legislation which is inherently discriminatory?
- If so, is it right for them to get ordinary people (landlords) to do this work for them? And
- Is this something which the courts can decide at all or is it a policy matter which should be left to Parliament?
I hope you will join me on Thursday at 10.30 am to listen to the interview or that, if you cannot join me then, that you will listen to the webinar later. It will be available as a replay after Thursday – which will be covered by your ticket.
Proceeds from ticket sales for the live webinar will be donated to Crisis UK.