Immigration Bill (Seventh sitting)

Anne McLaughlin Excerpts

Thursday 29th October 2015 Public Bill Committees

[The Chair]

Yes.

[Anne McLaughlin (Glasgow North East) (SNP)]

I want to start by declaring an interest. I am not sure whether it is necessary, but I am a registered landlord in Scotland. I do not actually rent out any properties, but it is worth mentioning.

We are opposed to the right to rent scheme, as we have said on many occasions. It is unfair on landlords and on tenants, particularly those who do not look, sound or seem British. My hon. Friend the Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) made the point that by virtue of her name she may have some landlords fearing that they cannot rent to her, which is utterly ridiculous.

I want to make several points. Most of them have already been covered, but they are worth reiterating. It is important for the Minister to accept that it is common, especially in areas with high numbers of young professionals or near universities and colleges, for a tenant to act in that agent capacity that we heard about. It is one example where the Bill could needlessly criminalise somebody who is not by any stretch of the imagination knowingly breaking the law. I hope he will look at that.

Amendment 85 is about ensuring that none of the criminal offences is committed in respect of tenancies entered into before the offences came into force. It is sensible to accept that one, because the person was not breaking the law at the time they entered into the tenancy. I hope that amendment 87—to use a term that I really cannot stand, but I cannot think of a more appropriate term—is a no-brainer and that the Minister will listen to the Residential Landlords Association, which is calling on everyone to support the amendment.

As currently drafted, the Bill would mean that, as soon as a landlord receives a notice from the Secretary of State that the tenant does not have the right to rent, they would automatically be committing a criminal offence. That is despite the Bill requiring landlords to give tenants 28 days’ notice to leave the property under the proposed eviction procedure. The Residential Landlords Association has asked us to support amendment 87 to prevent landlords being caught between the housing legislation and the Bill. It is a case of, “Which law will I break?” Which of those laws would the Minister suggest is the better to break?