My Lords, perhaps I may also ask for some clarification. One of my concerns about this part of the Bill is that many landlords will simply not rent to anyone who seems to be foreign or who does not hold a British passport for fear of
getting it wrong and being fined. I am afraid that that will inadvertently result in further racial discrimination and provide a charter for those unscrupulous landlords who are racist.
In response to the consultation, the Government accepted that the new rules might provoke landlords to discriminate against people they perceive to be foreign rather than to conduct proper checks. They also recognised the risk that vulnerable people might be impacted. So, in relation to the code of practice and the associated guidance which will make it clear that the checks do not allow landlords to act in a manner inconsistent with the UK’s equality legislation, is that in itself sufficient? It simply requires landlords to read the code and adhere to it without any redress at all if they do not. Moreover, it will be extremely difficult and costly for any potential tenant to bring a challenge of discrimination or victimisation against a private landlord. If people cannot rent relatively easily, they will be forced to seek accommodation in the more shadowy parts of the housing market. I wonder whether the Minister can tell me whether I am right or wrong about this.