One for the landlords.. anyone up on the Right to Rent stuff
Discussion
Eldest daughter is just about to move out of a house she rents with three friends in London- it's rented and managed by one of the bigger London agents. She's been there several years and the tenancy agreement has been extended etc.
There is provision in the contract to move out mid tenancy, subject to a charge, and various conditions, including finding a replacement tenant.
She's been made aware of the Right to Rent legislation which appears to apply from 1st Feb by the agent.
Now, she's planning to move before 1st Feb, and they have a new tenant lined up and approved by the agency / landlord.. However, she's being told that the other three tenants (who are also within contract) have to have the Right to Rent check done- at a not inconsiderable charge - and that she's likely to have to bear the cost of this.
As I understand it, the legislation applies to new tenancies. I would also have thought that said managing agent would have all the documents already on file to satisfy the legislation, taken as part of the screening and reference procedure when they moved in...
She's also been told that the fee to change tenant is £50 more than it says in the contract she signed..
Any advice would be greatly appreciated!
Simon
There is provision in the contract to move out mid tenancy, subject to a charge, and various conditions, including finding a replacement tenant.
She's been made aware of the Right to Rent legislation which appears to apply from 1st Feb by the agent.
Now, she's planning to move before 1st Feb, and they have a new tenant lined up and approved by the agency / landlord.. However, she's being told that the other three tenants (who are also within contract) have to have the Right to Rent check done- at a not inconsiderable charge - and that she's likely to have to bear the cost of this.
As I understand it, the legislation applies to new tenancies. I would also have thought that said managing agent would have all the documents already on file to satisfy the legislation, taken as part of the screening and reference procedure when they moved in...
She's also been told that the fee to change tenant is £50 more than it says in the contract she signed..
Any advice would be greatly appreciated!
Simon
A new Tenancy will be created so the right to rent checks need to be conducted on all the Tenants. However, these checks are really non onerous and shouldn't come at a cost (and if the do it should be minimal) as it is a 2 minute job to take photocopies of approved documents for each of the Tenants.
See the linked guidelines to see what documents the Tenants will need to provide.
https://www.gov.uk/government/uploads/system/uploa...
See the linked guidelines to see what documents the Tenants will need to provide.
https://www.gov.uk/government/uploads/system/uploa...
Thanks for the reply.
Sorry, I don't understand why a new tenancy is being created. Surely they can't create a new tenancy for all the occupants every time one moves out and another changes!
Irrespective of that, a) its happening before the 1st Feb, and b) the agent / management co. already has all these details; detailed ID and references were taken up when each of them moved in.
Sorry, I don't understand why a new tenancy is being created. Surely they can't create a new tenancy for all the occupants every time one moves out and another changes!
Irrespective of that, a) its happening before the 1st Feb, and b) the agent / management co. already has all these details; detailed ID and references were taken up when each of them moved in.
A new tenancy is created as there is a change in the parties related to the Tenancy. If a new Tenancy is not created then logically your daughters Tenancy (with the other tenants) continues.
In terms of dates the law comes into play on 1st February, however it requires the Right to Rent status to be checked within the 28days prior to the Tenancy commencing therefore the right to rent status needs to be checked in this case.
As I said previously these checks are in no way onerous and take the agent only a couple of minutes to welcome the tenants into the office and take copies of the documents required.
In terms of dates the law comes into play on 1st February, however it requires the Right to Rent status to be checked within the 28days prior to the Tenancy commencing therefore the right to rent status needs to be checked in this case.
As I said previously these checks are in no way onerous and take the agent only a couple of minutes to welcome the tenants into the office and take copies of the documents required.
Edited by MW-M5 on Tuesday 19th January 20:44
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