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Could the Right to Rent scheme be overturned?

By Maurice Shasha  //  Mon 12th February 2018
The Residential Landlords Association (RLA) has thrown its support behind two legal challenges to the government's Right to Rent scheme. If these challenges are successful, the scheme could be reversed.
The controversial Right to Rent scheme has been met with two legal challenges
The Right to Rent scheme has always been somewhat controversial, and now two legal challenges have been mounted which could, if successful, overturn the scheme.

One case argues that the Right to Rent scheme is incompatible with the Human Rights Act, while the other states that the scheme is fundamentally discriminatory.

The scheme has been called out in the past for being discriminatory against those who may not be British citizens but who nonetheless have a legal right to rent property in the country.

These two legal challenges are being supported by the Residential Landlords Association (RLA), the 'national voice for landlords'.

Policy Director at the RLA, David Smith, said: "For the overwhelming majority of landlords it makes no commercial sense to limit their access to a large proportion of the prospective tenant market."

Smith continued: "It is the fear of criminal sanctions for getting it wrong which is causing many simply to want to play it safe. Landlords should not be used as scapegoats for the failures of the border agencies. It is time to suspend this controversial and unwelcome policy."

The Right to Rent scheme was introduced across England on 1st February 2016. It means that landlords must now check that all new adult tenants (aged 18 or over) have the legal right to rent residential property. The new rules don't just apply to tenants, but lodgers too. It is not enough for landlords to make the assumption that a new tenant is of British nationality, and it is illegal to only carry out a Right to Rent check if the landlord suspects the new tenant is not a British citizen.

For further information, click the below link: Landlord Today or check your tenant's Right to Rent.

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