Baroness Thornhill (LD)

My Lords, in Amendment 115 I am asking that the Government seriously consider repealing the right-to-rent policy. If any Bill is appropriate to repeal it, it is the Renters’ Rights Bill. I am picking up the baton from the noble Baroness, Lady Lister, who tabled this amendment on Report. The noble Baroness clearly listened to the words of her colleague, the Minister, and has decided not to pursue her amendment—but I bet her commitment is just as strong, as is mine. I was surprised at the strength of the Minister’s response in Committee, so firmly closing the door on repeal. This is pernicious legislation that is designed to sound tough on immigration and is therefore for public consumption and political soundbites, rather than effective policy. The right to rent was introduced as a mechanism to make it harder for those without legal status to live and work in the UK—part of the so-called hostile environment. It placed a legal obligation on private landlords to carry out immigration checks before renting out their property, turning them into de facto border officials. Landlords and letting agents are ordinary citizens who are neither trained nor equipped to make complex legal determinations. When even the National Residential Landlords Association is saying loudly and clearly that this is not working, you know it is not a good thing. You have to question its ability do what it says on the tin. This is not about being soft on immigration; it is about being fair, proportionate and practical, and on all three counts the right to rent fails. The evidence is clear: the right-to-rent scheme fuels racial and xenophobic discrimination. With landlords fearing the consequences of getting it wrong, including fines and even prison, they are more likely to play it safe and reject any tenant who does not hold a UK passport. Both the NRLA and Shelter say that one in four landlords believe they can rent only to British passport-holders. The Minister in her previous response also asserted that it is possible to carry out the checks proportionately and without unlawful discrimination, but the reality is that it is not happening. Landlords and letting agents often end up resorting to proxies like names, accents and skin colour to rule out prospective tenants they assume will not pass the right to rent. We are seeing the chilling effects of this policy. Vulnerable groups are being pushed further into the shadows and forced into unsafe housing; unable to assert their rights, they are greater risk of exploitation by rogue landlords. Across the House, we have all been saying that we hope this Bill will eventually flush out rogue landlords and make it more difficult for them to exist, but this legislation delivers vulnerable people right into their hands. The fact is that the Government have turned ordinary landlords into immigration officers—no training or guidance, just threats of fines and prison sentences if they get it wrong. The resulting discrimination is plainly evident. Let us be clear: this is not just a policy failure; it is a moral failure. It is pushing people into the shadows and into dodgy housing, and they are unable to complain or seek help; and all the while—this is the killer—there is no evidence that this policy even works. None at all.