Measures in government’s proposed immigration bill could violate protections if families and children are made destitute as a result of being made homeless

Government proposals to legally require landlords to check the immigration status of their tenants risk a serious breach of human rights, an official watchdog has warned.

The Equality and Human Rights Commission(EHRC) has warned MPs ahead of Tuesday’s second reading of the immigration bill that fast-track powers for landlords to evict families of illegal immigrants and their children risk breaching human rights law.

The warning follows a pledge by Labour’s shadow home secretary, Andy Burnham, to fight the imposition of “right to rent” checks across the country, which he said could cause problems for “anyone with a foreign-sounding name” and were a modern day equivalent of the old “no dogs, no blacks, no Irish” window signs.

The right to rent landlord checks have been piloted in the West Midlands and although no official evaluation has yet been published, a study by the Joint Council for the Welfare of Immigrants found that 42% of landlords said they were less likely to rent a property to someone who does not have a British passport.

The Residential Landlords Association strongly opposed the introduction of the pilot phase of the tests, arguing that immigration status checks should be the responsibility of the UK Border Agency, and that it placed an unfair burden on landords who were mostly private individuals with only one or two properties to rent.

Burnham said on Sunday that Labour would support “proportionate” proposals in the immigration bill that “tackle illegal immigration, strengthen our borders and stop the exploitation of migrants by unscrupulous employers and landlords”.

The EHRC raised concerns about a wide range of measures in the bill designed to create “a hostile environment” for those who do not have proper immigration status.

The human rights watchdog was worried proposals to remove all welfare support from families of refused asylum seekers, including those with children, may lead to inhuman and degrading treatment.

It also raised human rights concerns about extending “deport first, appeal later” powers, requiring banks to check the immigration status of their account holders, and new powers to seize cars belonging to illegal immigrants who drive unlawfully while in Britain.

But the EHRC’s most detailed concerns were over the new fast-track powers for landlords to evict illegal migrants from private rented accommodation without needing a court possession order. They say such powers could breach human rights protections if families with children are made destitute as a result of becoming homeless in this way.

The commission also warned MPs that the new powers will allow all the tenants in a house or flat to be evicted whether they are lawful or not, if at least one occupant of the property is disqualified from renting because of their immigration status.

“In the commission’s analysis, this will put lawful tenants and occupants of the same property at risk of eviction because the court will order possession of the entire property rather than the eviction of the unlawful tenant or occupant,” the EHRC said.

A Home Office spokesman has defended the proposals saying: “The government has made clear that the right to rent scheme is about reducing illegal migrants’ access to services – it has never been targeted at people with a lawful right to be in the UK.

“Right to rent checks must be performed on a non-discriminatory basis – landlords are advised to check and record identity documents for all new tenants. Anyone who discriminates would be breaking the law.”

The West Midlands pilot was introduced on the insistence of the Liberal Democrats, rather than imposing the policy unversally. The Home Office insisted the West Midlands was chosen because of its diverse housing stock, and not because of its high immigrant population.

The first phase required landlords in Birmingham, Walsall, Dudley, Sandwell adn Wolverhampton to request evidence of identity or citiizenship, such as a passport or a biometric residence permit. The landlords were obliged to take copies of the proofs, and keep them for 12 months after the tenancy had ended. Landlords who failed to carry out the checks faced fines of up to £3,000.

Existing tenancies, or tenancies renewed within the same agreement, were not affected. Some other categories of accommodation are also not covered, including student halls of residence, care homes, hospitals and hospices, and homeless shelters.