Right to Rent scheme is legal, rules Court of Appeal

He added that the High Court judge “was wrong to dismiss the public benefits derived from the scheme” and to say it has had “little or no effect” on curbing illegal immigration.

However, he described findings by charity the Joint Council for the Welfare of Immigrants (JCWI) that nearly half of landlords discriminate against potential tenants without a British passport and “no ethnically British attributes” as “shocking”.

Sitting with him, Lord Justice Davis said: “Essential to these proceedings is the proposition that the scheme itself has caused and is responsible for the asserted discrimination.

“I simply cannot and will not accept that. The whole essence of the scheme – by the primary legislation, by the code, by the available guidance, by the applicability of the discrimination provisions and remedies available under the Equality Act 2010 and so on – is precisely to contrary effect.

“Thus so far from encouraging or incentivising discrimination, as is asserted, it seeks to do the opposite.”

The appeal was brought forward by the Home Office after the initial successful challenge by JCWI, backed by the Equality and Human Rights Commission, the National Council for Civil Liberties and the National Residential Landlords Association.

After the ruling, JCWI pledged to appeal the latest ruling in the Supreme Court.

In a statement it said: “Right to Rent turns landlords into untrained border guards.

“If they rent a property to someone without the right paperwork, they face huge fines or even imprisonment. But there is effectively no consequence for taking the ‘low-risk’ option, opting for white people with British passports.”

Immigration compliance and courts minister Chris Philp said: “I am delighted the Court of Appeal has vindicated the use of the Right to Rent scheme and found the policy to be lawful, in the public interest and consistent with human rights law.

“As we have made clear throughout, the scheme ensures that only those with a legal right to be in the UK are able to access benefits and services and discourages people from entering the country unlawfully.

“This is also a question of fairness to UK citizens and the many people who come to the UK legally who all need to access housing.”

The Home Office is currently evaluating the Right to Rent scheme through surveys with landlords, mystery shopping exercises and a call for evidence aimed at identifying potential ways in which it leads to discrimination.