Asked by: Alison Thewliss (Scottish National Party - Glasgow Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what data his Department holds on the number of people fined under section (a) 23(2) and (b) 25(4) of the Immigration Act 2014 for each year since the Act came into force.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The link to the transparency data can be found here, and covers the period 2016 to September 2023: Immigration Enforcement data: Q3 2023 - GOV.UK (www.gov.uk).
Right to Work statistics can be found on tab CP02 and Right to Rent statistics can be found on tab CP03.
The data for 2023 only includes the published data covering the period January to September.
The information within the transparency data refers to the total numbers of entities who have received a civil penalty, rather than “the number of people fined”. For employment, this could mean a limited company, a sole trader, or a franchise. For renting, an entity could include a landlord or a letting agency.
It is possible that some entities have been fined on more than one occasion.
Data prior to 2016 does not exist in the same reportable format.
Asked by: John Hayes (Conservative - South Holland and The Deepings)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many landlords were fined for allowing unauthorised migrants to rent their properties in 2022.
Answered by Robert Jenrick
The information requested can be found in tab CP03 of Immigration Enforcement data: Q2 2023 - GOV.UK (www.gov.uk)
Please note the figures shown in the data are for penalties levied at the initial decision stage, which may be cancelled at the objection or appeal stage.
Asked by: Lord Ouseley (Crossbench - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what steps they intend to take in response to the High Court judgment that the Right to Rent scheme is discriminatory and incompatible with the right to freedom from discrimination enshrined in Article 14 of the European Convention on Human Rights.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Government disagrees with the High Court’s findings and has been granted permission to appeal the judgment on all grounds.
In the meantime, the provisions passed by this House in 2014 remain in force. There are no immediate changes to the operation of the policy. Landlords and letting agents are still obliged to conduct Right to Rent checks as required in legislation.
The law is absolutely clear that landlords should not discriminate when carrying out right to rent checks in compliance with the 2014 Act.
We are looking at options for a further evaluation of the operation of the scheme. As part of this, we will look to develop further mechanisms to monitor the operation of the Scheme to provide ongoing assurance about its impact.
The Home Secretary has written to the independent adviser on lessons learned from Windrush, Wendy Williams, to draw her attention to the High Court’s findings.
The Right to Rent Consultative Panel will meet again next month to look at the operation of the Scheme and the guidance provided to landlords and lettings agents.
Asked by: Vince Cable (Liberal Democrat - Twickenham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many prosecutions have taken place for offences under the Immigration Act 2014 since the inception of Right to Rent measures in February 2016.
Answered by Caroline Nokes
There have been no prosecutions.
Asked by: Baroness Lister of Burtersett (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to the answer by Baroness Williams of Trafford on 6 June (HL Deb, cols 1303 and 1305), when the landlords consultative panel for the Right to Rent scheme will next meet; what plans they have to reconstitute the panel as a Right to Rent consultative panel including stakeholders concerned with the rights and interests of migrants as recommended by the Independent Chief Inspector of Borders and Immigration in his report An Inspection of the "Right to Rent" Scheme; and what will be the terms of reference for any such panel.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The existing Landlords Consultative Panel will be reconvened shortly. The panel will of course have an opportunity to discuss both the recommendations made by the Independent Chief Inspector of Borders and Immigration in his report on the right to rent scheme and the panel membership.
Asked by: David Lammy (Labour - Tottenham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people have been evicted under the provisions of the Immigration Act 2016 or otherwise made homeless as a result of his Department's actions in each of the last eight years.
Answered by Caroline Nokes
The Home Office does not hold the information which you have requested. The Home Office does not take eviction action against illegal migrants. The 2016 Act provided new powers of eviction for landlords based upon the tenant’s immigration status, however, the Home Office neither requires landlords to evict nor that they should report back to the Home Office.
A full evaluation of the impacts of the Right to Rent scheme, published in October 2015 found no increase in levels of homelessness. The Home Office works closely with local authorities and is not aware of cases presenting as homeless as a consequence of the scheme. In cases where the migrants are vulnerable or face a genuine obstacle to leaving the country, the Home Office can grant permission to rent. In such cases, the landlord has a statutory excuse against any civil penalty.
Asked by: Lord Bassam of Brighton (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many checks by private landlords have been carried out on private tenants under the terms of the Housing and Planning Act 2016; and how many of those checks have led to immigration enforcement action being taken by the immigration authorities.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This question references the Housing and Planning Act. Right to rent checks were introduced in the 2014 Immigration Act and strengthened in the 2016 Act and the answer has been framed with that in mind.
The information requested is not held centrally. Landlords and letting agents undertake these checks independently and are not expected to notify the Home Office when they are completed.
Asked by: Lord Bassam of Brighton (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what guidance they provide to private landlords completing checks on potential tenants under the terms of the Housing and Planning Act 2016; and what measures are in place to ensure that landlord checks are not used to harass tenants.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Landlords and letting agents undertake right to rent checks in accordance with the 2014 Immigration Act. These are conducted independently of the Home Office.
Guidance for landlords is available as:
https://www.gov.uk/landlord-immigration-check
https://www.gov.uk/government/publications/immigration-bill-part-3-access-to-services
The codes of practice provides practical guidance on how landlords can
comply with their obligations under the scheme whilst avoiding unlawful
discrimination.
Asked by: David Lammy (Labour - Tottenham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the effect of landlords' right to immigration checks on the ability of immigrant families to secure accommodation.
Answered by Brandon Lewis
Landlords should check that prospective tenants have a right to rent in the UK by carrying out simple document checks under the Immigration Act 2014. Prior to implementing these arrangements across England, the Home Office undertook an evaluation of phase one of the Right to Rent scheme in the West Midlands. A mystery shopping element, carried out by independent researchers, found no evidence that the scheme caused discrimination in access to accommodation. This evaluation was informed and overseen by a Landlord Consultative Panel of housing experts and others, including the Equality and Human Rights Commission. This panel, which is co-chaired by the Minister for Immigration and Lord Best OBE, an acknowledged expert in housing and planning matters, has continued to monitor the results of the scheme.
The published evaluation report can be found here:
https://www.gov.uk/government/publications/evaluation-of-the-right-to-rent-scheme
The Government has published a Code of Practice that advises landlords on how unlawful discrimination should be avoided. The Equality and Human Rights Commission and Equality Commission for Northern Ireland assisted in the drafting of this Code.
Asked by: David Lammy (Labour - Tottenham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether she has made an assessment of the effect of landlords' rights to immigration checks on discrimination and anti-immigrant sentiment.
Answered by Brandon Lewis
Landlords should check that prospective tenants have a right to rent in the UK by carrying out simple document checks under the Immigration Act 2014. Prior to implementing these arrangements across England, the Home Office undertook an evaluation of phase one of the Right to Rent scheme in the West Midlands. A mystery shopping element, carried out by independent researchers, found no evidence that the scheme caused discrimination in access to accommodation. This evaluation was informed and overseen by a Landlord Consultative Panel of housing experts and others, including the Equality and Human Rights Commission. This panel, which is co-chaired by the Minister for Immigration and Lord Best OBE, an acknowledged expert in housing and planning matters, has continued to monitor the results of the scheme.
The published evaluation report can be found here:
https://www.gov.uk/government/publications/evaluation-of-the-right-to-rent-scheme
The Government has published a Code of Practice that advises landlords on how unlawful discrimination should be avoided. The Equality and Human Rights Commission and Equality Commission for Northern Ireland assisted in the drafting of this Code.