THE TORIES’ controversial “right to rent” policy faces a full High Court challenge after a judge ruled today that there was an arguable case that it causes landlords to discriminate against foreign nationals.

The Joint Council for the Welfare of Immigrants (JCWI) brought a judicial review against part of the Home Office’s much-criticised “hostile environment” legislation which requires landlords to check potential tenants’ right to stay in Britain.

Research by the JCWI found that 42 per cent of landlords said they were less likely to consider renting to people without a British passport, rising to 48 per cent when they were asked to consider potential criminal penalties.