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Earlier this year the High Court held that the “right to rent” scheme (introduced by the Immigration Acts 2014 and 2016) was unlawfully discriminatory. The Joint Council for the Welfare of Immigrants successfully argued that the scheme was incompatible with Art.14 (taken with Art.8), ECHR because it caused landlords to discriminate against potential tenants on the basis of race and nationality, and discrimination was incapable of justification. The High Court granted a declaration of incompatibility and declared that the scheme could not be extended to Wales, Scotland and Northern Ireland without significant remedial work.
The Secretary of State successfully applied for permission to appeal the High Court’s decision and the appeal is now listed for 14/15 January 2020.
Justin Bates and Brooke Lyne are instructed on behalf of the Residential Landlords Association, which has been granted permission to intervene in the appeal.
