The Court of Appeal grants permission for interveners to participate in the Secretary of State’s appeal of the “right to rent” case

The Court of Appeal has granted permission for the Residential Landlords Association, Liberty and Equality and Human Right Commission to intervene by way of written and oral submissions in the Secretary of State’s appeal of the “right to rent” case, JCWI v Secretary of State for the Home Department [2019] EWHC 452 (Admin). Earlier this year the High Court held that the “right to rent” scheme (introduced by the Immigration Acts 2014 and 2016) was unlawfully discriminatory following a judicial review brought by the Joint Council for the Welfare of Immigrants. Spencer J concluded that the evidence showed that landlords were rationally driven to discriminate on the basis of race and nationality where they would not otherwise do so. The discrimination was incapable of justification and a declaration of incompatibility granted. The High Court also declared that the scheme could not be extended to Wales, Scotland and Northern Ireland without significant remedial work. Justin Bates and Brooke Lyne appeared for the Residential Landlords Association in the High Court and are instructed for the appeal.