Skip to main content
Home Office ‘wants landlords to break law’ on rent rights
‘Discriminatory’ policy shows Tories' hostile environment ‘is still in full force’ and must be scrapped, Labour says after landlords advised to ignore own code
Shadow home secretary Diane Abbott and shadow attorney general Shami Chakrabarti during a visit to Yarl's Wood Immigration detention centre in Bedford, in February 2018

THE Tories’ hated hostile environment for migrants is still in “full force,” Labour warned today after yet another Home Office cock-up emerged.

Shadow home secretary Diane Abbott spoke out after landlords said they now face years behind bars if they follow the department’s botched rulebook.

The Residential Landlords Association (RLA) says the Home Office has told proprietors to cut corners which could see them face prosecution.

The ministry published new guidelines last month that said visitors from certain countries do not need to show landlords they have a visa* in order to rent a property.

But the RLA says the new advice has no legal basis — and could put landlords at risk of being jailed for up to five years.

High Court judges ruled in March that the right-to-rent scheme was discriminatory and breached human-rights law — but the Home Office has refused to scrap it.

The landlord checks were introduced by former prime minister Ms May as part of her effort to create a hostile environment when she served as home secretary under David Cameron, making it harder for undocumented people to access shelter.

David Smith, policy director for the RLA, said: “This represents a new low in the sorry saga of the right to rent.

“Having already been ruled to be discriminatory by the High Court, the government is now putting out guidance which could leave landlords open to prosecution.

“It reinforces once again that the right-to-rent policy needs to go and go now.”

The Home Office document says that nationals from Australia, Canada, Hong Kong, Japan, Singapore, South Korea and the United States planning to stay in Britain for less than six months need only show a landlord their passport and airline ticket.

But the RLA says such guidance contradicts the Immigration Act 2014, which demands landlords see evidence that renters have the right to reside in Britain.

Labour’s Ms Abbott called for the scheme to be scrapped.

“Many of us have long argued that the government’s demands for background and immigration status checks by landlords was inherently unjust,” she said. “Now landlords themselves argue that government guidance leaves them open to prosecution.

“The High Court has already ruled that this legislation is discriminatory.

“It shows that the government’s ‘hostile environment’ policy is still in full force.

“Labour demands that this policy ends — and we will certainly end it in office.”

Chai Patel, a legal expert at the Joint Council for the Welfare of Immigrants, told the Morning Star: “Every action the Home Office takes around right-to-rent proves it is completely unfit for purpose.

“Now they are asking landlords to ignore the code of practice and to carry out checks incorrectly.

“If landlords took this advice, they would be liable to fines or even imprisonment, but the Home Office is trying to encourage them to break the rules because the system just doesn’t work.

“Immigration status is complex, and landlords will always end up preferring British nationals because it’s simpler and safer to rent to them.

“Earlier this year the High Court ruled that the scheme was unlawful because it causes racism. It’s time to scrap it.”

A Home Office spokesman said: “We have updated guidance on gov.uk to ensure Right to Rent checks are in line with latest policy changes. 

“Ahead of publication of the formal Codes of Practice we have been clear that we will not seek to impose a civil penalty or a prosecution in cases where landlords have complied with this guidance.”

*Note: The Home Office has asked the Star to clarify that visitors from these countries do not need to show they have a stamp in their passport.  

The 95th Anniversary Appeal
Support the Morning Star
You have reached the free limit.
Subscribe to continue reading.
More from this author
SMILING ASSASSINS: Contra rebels in Nicaragua
Extract / 21 January 2020
21 January 2020
Investigative journalist PHIL MILLER'S new book exposes the activities of Keenie Meenie Services, a powerful and secretive mercenary company which, from Sri Lanka to Nicaragua, has been involved in war crimes around the world.
Captain Dean Sprouting
Britain / 10 October 2019
10 October 2019
US soldiers' 'entirely improper' driving of forklift truck crushed Captain Dean Sprouting
A US airman secures a fuel line on the flightline at Royal A
Britain / 26 September 2019
26 September 2019
Similar stories
Letting and estate agents signs outside flats in London
Britain / 14 January 2025
14 January 2025
Estate agents To Let and For Sale signs in Islington, north
Britain / 5 December 2024
5 December 2024
Models houses on a pile of coins and banknotes
Britain / 9 October 2024
9 October 2024