Right to Rent and the Windrush Generation

It’s clear the Right to Rent scheme was bound to cause serious problems, as highlighted by the Windrush scandal-where people faced deportation threats, job losses, and denied NHS care-revealing its significant human cost.

Regardless of the cause, Right to Rent has made documentation essential-without proof like a passport or citizenship, even long-term UK residents can face serious problems.

Landlords worry

This worries landlords, who face fines if tenants lack the right documents, yet aren’t immigration officers and don’t have the expertise to assess migration history or past policy promises. They’re left uncertain about who to trust while simply trying to do their job.

New guidance

The Home Office has rushed to issue new guidance, recognising the need to distinguish between the Commonwealth citizens who have lived in the UK most of their lives and illegal immigrants with no right to remain. Although it sounds reasonably clear, the inclusion with the guidance of special helpline numbers and the establishment of a specialist ‘Commonwealth task force’ suggests the practicalities aren’t so straightforward. In the case of Commonwealth citizens, here’s what landlords need to know:

  • Someone who has lived in the UK permanently since before 1973 and has not been away for long periods in the last 30 years, has the right to be here and to rent property.
  • Someone who came to the UK after 1 January 1973 might not have the automatic right to be here. They may, however, be permitted to stay here permanently and will have the right to rent property.

Special helpline

That isn’t a great deal of help, is it?  Without paperwork, without firm dates, it’s still difficult.  But at least the Home Office seems to acknowledge the challenge and has set up a special helpline as follows:

Telephone: 0300 069 9799.

Monday to Thursday: 9am to 4.45pm.

Friday: 9am to 4.30pm

For prospective tenants, the details are as follows:

Freephone: 0800 678 1925.

Monday to Saturday: 9am to 5pm.

Sunday: 10am to 4pm

Email: commonwealthtaskforce@homeoffice.gsi.gov.uk

It’s perhaps worth noting that the Home Office’s dedicated team is tasked with getting those affected the paperwork they need to prove their rights.

We expect the story will continue to unfold. As always, watch this space.