I’m currently going through the rent now contract drafting stage. My prospective tenant has asked me to include his wife and children on the tenancy as he needs this info to get them their visa and school admission in the UK. The tenant already has work visa. I want to know if I can amend the tenancy agreement to add them as dependants?
No you can’t make this amendment to a contract that’s already running. You can write to the tenant giving permission for each of them to live there for the duration of the tenancy as Permitted Occupiers subject to each having a valid Right to Rent.
sorry the tenancy hasn’t started yet, we haven’t signed the contract yet. The tenant asked if this amendment can be done before we sign the contract. Can I do it?
If his wife and children don’t yet have a Right to Rent here then you would be taking a big risk by making them joint tenants. I would still suggest giving them permission to occupy in writing for the moment.
I have had an enquiry similar to this.
It started off routine then it got really complicated and the no right to rent got pushy and I had to ask her to back off (COVID).
I refused them on the basis that the named person had right to rent but his income did not meet the government guidelines; and the partner and daughter, who needed a contract for schools, had no settlement status. They were using the contract to get through immigration and register with schools. You are not covered as soon as you admit someone who has no right to rent. The penalty runs into thousands and you could go to jail.
Is it worth it?
I would not risk going to jail for someone!
if it seems dodgy, then it is dodgy. Avoid a future headache
What I realised was if you need to evict them they will hang the illegal act around your neck like a hangman’s noose and you have no get out. You can’t go to court to evict someone without your criminal act being exposed.
Thanks all for your responses. I have decided not to include his family members to the tenancy but included a clause saying that the lead tenant shall be responsible for providing right to rent documentation for any of their family members to the landlord. I will chase him for the documentation as soon as he says that his family has joined him in the UK.
Thanks once again.
In law it is the Landlord who is responsible for these checks. I would seek advice. This is not a rent to rent that you can pass on liability to a sub landlord . This is a normal tenancy. It is your responsibility to check before they enter.
I would advise you to seek legal advise from the NRLA or Anthony Gold ( 20 minutes is free).