A judicial review is set to begin today into the legality of the Government’s controversial Right to Rent scheme as new figures claim landlords have become less likely to rent to those without British passports.

The Joint Council for the Welfare of Immigrants (JCWI) is mounting today’s challenge in the High Court, arguing that Right to Rent discriminates against foreign nationals.

The case is supported by the Residential Landlords Association (RLA), which has released a poll showing that 44% of landlords are less likely to rent to those without a British passport, up from 42% a year ago.

The research found that the fear of penalties for getting the checks wrong means that 53% of landlords are now less likely to rent to those with limited time to remain in the UK, up from 49% in 2017.

In a sign of the uncertainty caused by Brexit, 20% of landlords said they are less likely to consider letting property to EU or EEA nationals, up from 17% in 2017.

David Smith, policy director at the RLA, said: “The Right to Rent is creating a hostile environment for those who are legitimately in the UK but may have documentation that is not easy to understand for landlords.

“It creates needless friction between landlords and tenants. Landlords cannot be blamed for taking a cautious approach as they are not immigration officers.

“It is a policy that clearly leads to discrimination against certain groups and needs to be brought to an end. Despite promises from the Home Office, little progress has been made and this is reflected in figures.

“Also the Government has so far failed to provide any single document providing clear advice to landlords about the rights of EU nationals to rent property in the event of a no deal Brexit. It is leaving many with a sense of frustration as they do not know if they should renew tenancies and create new ones.”