Immigration status and the right to rent a property (R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department)
As part of the Home Office’s ‘hostile environment’ towards those without leave to remain in the UK, the Immigration Act 2014 prevents landlords from renting property to people who do not have leave to enter or remain in the UK. A body representing the interests of immigrants challenged this, arguing that the law breached both equality and human rights legislation because it causes landlords to discriminate against potential tenants on the grounds of their nationality and/or their race. This may happen, for example, because landlords think they do not look or sound British, even if they are not disqualified from renting.
A severely disabled man had his care package cut by the local council. It meant that he would lose a team of carers who had been supporting him to live independently for 20 years. We intervened to support his legal challenge that the decision broke equality and human rights laws and breached the UN Convention on the Rights of Persons with Disabilities.
A woman who was homeless had a range of serious mental health problems applied to the council to be housed. The council determined that she did not have the mental capacity to apply as homeless. She challenged this through the courts. The County Court had said it was bound by the outcome of an earlier case which found that people who lack capacity cannot make homeless applications.