Please Note: This Article is 2 years old. This increases the likelihood that some or all of it's content is now outdated.

MPs have voted not to exempt landlords from doing Right to Rent checks on EU nationals as the Immigration and Social Security Co-ordination Bill passed its third reading in the Commons.

The Liberal Democrats tried unsuccessfully to insert an amendment to exempt landlords from doing the controversial checks on EEA and Swiss nationals after freedom of movement ends and a skills-based points-style immigration system kicks in.

Lib Dem MP Christine Jardine tabled the amendment which attempted to force Home Office Secretary Priti Patel to implement the findings of the Windrush Lessons Learned Review – including a review of all Hostile Environment policies.

She says: “Sadly, the Government rejected our amendments but we’ll keep fighting for a fairer system.”


Jardine had argued that the Right to Rent scheme should be the first part to immediately go as it caused landlords to discriminate on the basis of ethnicity when demanding proof from proposed tenants, and therefore breached their fundamental human rights.

Says Jardine: “The courts have found that the scheme causes racial discrimination in access to housing, yet appallingly Conservative Ministers are refusing to scrap it. We must make clear that racial discrimination has no place in our laws.”

She adds that the Government’s plans to end free movement risks creating a new Windrush Scandal for the millions of EU citizens already living in the UK, who are being forced to apply for ‘Settled Status’, yet the Home Office is refusing to provide physical proof of their rights even for those who get it.

Right to Rent checks will be difficult for landlords going forward as they will have to find proof of this settled status, however any landlord currently found to have rented to someone who doesn’t have the required immigration status will face a fine of up to £3,000 or a criminal sentence.

Meera Chindooroy, NRLA deputy director for campaigns, public affairs & policy, told LandlordZONE: “The NRLA continues to believe that landlords should not be treated as untrained border police. That said, landlords should continue to abide by the law, and we expect the Government to ensure they have all the support they need to carry out the Right to Rent checks in a fair and simple way.”

Read more about Right to Rent.

Please Note: This Article is 2 years old. This increases the likelihood that some or all of it's content is now outdated.


  1. WE can’t win most small landlords don’t have the facilities to check the legality of immigration status documentation whether its fraudulent if they make an error they end up being prosecuted, the only safe way to protect yourself is restrict who your prepared to rent to. Then you risk being prosecuted for discrimination . Plus we are being expected to absorb all the costs of this

  2. Am I reading this right ? EU nationals can apply for settled status which gives them rights (in this case, to rent a home) – but the Home Office won’t actually provide them with anything a landlord can use when checking their right to rent ? So there’ll be a class of people with a right to rent a home, but who will not be able to because they won’t be able to prove it – leaving landlords like us having to say “sorry, I know you can legally rent this, but I can’t take the risk of a fine for letting you”.
    I knew the Home Office were well and truly screwed up, but I didn’t realise they were this screwed up !
    Clearly the “lessons learned” from recent events have been “if we ignore criticism we can get away with carrying on as normal”.

  3. If the person has a job their employer has already carried out checks for their right to work so you can just use that as a basis for right to rent. simple


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