Right to Rent – Time for Change?
The Residential Landlords Association (RLA) has argued that new guidance from the government on its Right to Rent scheme would see landlords breaking the law if they followed it.
For nationals from Australia, Canada, Hong Kong, Japan, Singapore, South Korea and the United States (known as B5JSSK nationals), planning on staying in the UK for up to six months, landlords will only be required to see their passport and airline ticket as proof that they can rent property and no longer need to view a visa.
Whilst this guidance has no legal standing, the legally binding Code of Practice agreed by Parliament makes clear that – for such nationals – landlords must be shown clear evidence from the Home Office that the holder has the right, either permanent, or for a time-limited period, to reside in the UK.
The RLA argues a simple airline ticket with a passport does not meet this threshold.
Without a corresponding change to the Code of Practice by Parliament, the guidance does not give any legal cover for landlords should a tenant stay longer than six months.
Following a court judgement that Right to Rent breaches human rights law because it causes racial discrimination that otherwise would not happen, the RLA has written to the Home Secretary calling for the scheme to be scrapped altogether.
Under the Right to Rent policy, private landlords face potential imprisonment of up to five years if they know or have “reasonable cause to believe” that the property they are letting is occupied by someone who does not have the right to rent in the UK.
This is a serious area of concern and one which needs full transparency in order for landlords to realise what they can and can’t do in this area. Let’s hope that greater clarity is brought to this situation sooner rather than later, for all concerned.