Tenant from Australia

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    Tenant from Australia

    Hi I have a tenant who has married an Australian man, he is still living there in Australia at present . He has applied for a visa which had just been granted . What checks do I have to do regarding paperwork before he comes to the country on the right to rent as the Home Office were a bit unhelpful on the phone . Many Thanks

    #2
    Look it up on gov.uk under right to rent.

    ...........

    Google is becoming popular as s source of information....
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      I wouldn't have thought you need to do anything as long as you are not making him a joint tenant, would you?

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        #4
        Originally posted by JK0 View Post
        I wouldn't have thought you need to do anything as long as you are not making him a joint tenant, would you?
        Not sure: Gov.uk says at...
        https://www.gov.uk/check-tenant-right-to-rent-documents
        Who you have to check You must check that a tenant or lodger can legally rent your residential property in England.
        Before the start of a new tenancy, you must check all tenants aged 18 and over, even if:
        • they’re not named on the tenancy agreement
        • there’s no tenancy agreement
        • the tenancy agreement isn’t in writing
        - but Shelter Legal says at...
        http://england.shelter.org.uk/legal/...ation_checks#5
        Occupiers exempt from right to rent checks

        Only adult occupiers living in private rented accommodation as their only or main home need to provide evidence that they have a right to rent in respect of that accommodation.

        Children under the age of 18 are exempt from the checks, but landlords may need to verify their age.

        House guests are exempt from the checks if:[13]
        • their only or main home is elsewhere, or
        • they do not pay rent – this is defined as 'any financial transaction in the nature of rent'[14] and could include any services provided by the occupier in return for accommodation, but does not include a contribution for food or electricity/gas.
        - in Sue's shoes I'd insist on checking & taking copies (taking copies myself) from the original documents, then filing...
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          If you really wanted a watertight check before arrival, you would need to get a copy certified in Australia, and you might then need an Apostille, from the Australian government, authenticating the certifier. I got lost trying to get details of whether Australian notaries are directly trusted in the UK, and how you would get an Apostille for a non-government document, in Australia.

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            #6
            Originally posted by sue smyth View Post
            What checks do I have to do regarding paperwork before he comes to the country on the right to rent
            Having read https://www.gov.uk/check-tenant-right-to-rent-documents it would appear that the answer is "nothing".

            You have to do right to rent checks before granting a tenancy (according to that link), but you have already granted the tenancy to the wife and you will not be granting a new tenancy (yet).

            However, to cover yourself, I would suggest that asap after he arrives you see and copy his passport and visa and assure yourself that he has the right to rent, and then repeat the checks periodically as advised on the government web site.

            You might also ask for a copy of the visa emailed to you now, so that you can see what the visa says, and take any appropriate action before he arrives and you see and copy the original.

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              #7
              Ok thanks for your help in this matter .

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                #8
                Think I do need to add him to the tenancy agreement , will get all his paperwork checked asap . Thanks again

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