Extra tenant not named on the lease

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    Extra tenant not named on the lease

    My tenant has asked if his girlfriend can move in to our BTL property (England) and not be named on the lease. My tenant pays his rent on time and is a good tenant.
    I know, from the government website, that even though she will not be on the tenancy agreement we must check she has a ‘right to rent’ and obtain copies of the relevant documents and I will also tell our Insurance company of the extra resident in the house.
    Is there anything else I need to do or worry about?
    Thanks

    #2
    I think you're taking the right approach. You need to check whether there are any insurance or mortgage conditions requiring all occupants to be tenants but otherwise you should be fine. Dont accept any rent from her though.

    Comment


      #3
      Originally posted by Kelpies View Post
      I know, from the government website, that even though she will not be on the tenancy agreement we must check she has a ‘right to rent’
      Thanks
      I thought she became your tenant's lodger ans so R2R checks became his responsibility.

      Comment


        #4
        If the girlfriend pays rent to the tenant, they're a lodger, otherwise, they can't be.

        The landlord's obligation not to let to someone without the correct immigration status (to which right to rent is a defence) extends to any occupant on any kind of "tenancy" (including a licence), there's no requirement for the tenancy to be one in which they are the landlord.

        There's an argument that that's implicit, because being named as the landlord on some kind of agreement is what makes someone a landlord in the first place; but the government guidance is to carry out right to rent checks on all occupants (which suggests that the government doesn't share that view).

        Obviously, that means the landlord is now being asked to carry out checks on someone with whom they have no relationship and therefore no right to ask for that information and is one of the reasons that the right to rent checks are incompatible with the Human Rights Act.

        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by jpkeates View Post
          The landlord's obligation not to let to someone without the correct immigration status (to which right to rent is a defence) extends to any occupant on any kind of "tenancy" (including a licence), there's no requirement for the tenancy to be one in which they are the landlord.
          https://assets.publishing.service.go...t-Guidance.pdf page 33:
          My tenant has guests staying with. Do I need to carry out Right to Rent checks on them?
          House guests, such as friends or family members, will not ordinarily be treated as an ‘occupier’ under the Scheme because a guest will generally not be living in the accommodation as their only or main home. A landlord should make reasonable enquiries at the time the residential tenancy is entered into (including when it is renewed or varied) and make an assessment based on those enquiries as to whether someone will be living on the premises as their only or main home.

          Where a person is living in accommodation as their only or main home and is paying rent to another occupier, they may be regarded as having entered into their own residential tenancy agreement with that occupier (as a sub-tenant or licensee) and it will fall to that occupier to conduct the right to rent checks.

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