I understand that AST requires tenants named in the agreement to make the property their main place of residence. In my tenants case, the wife and kids are in the UK but the husband works abroad and pays tax there. Can both be still named on AST as this is his principle residence although doesn’t meet UK residency requirements ?
Maneesh - yes you’re right that an AST must be the primary residence, but it’s only a problem if he has another AST somewhere else, which I’m guessing he doesn’t if works in another country (ASTs being a UK contract).
The only issue is when a tenant has two different ASTs at once, and then the question is, which is the primary residence. Best not to let to these people as you’ll be competing for another landlord for their money if/when they can’t pay two rents at once.
The wife should definitely be on the AST. All tenants - including the husband - will need to pass the right to rent check. They can pass even if they’re not a ‘UK resident’ e.g. if they have an EU passport, etc.
Thanks Michael for the reply. Yes, the other doesn’t have an AST elsewhere (atleast in the UK) so it appears to be fine to include him on it. I did seek some legal advise on this and was told about can and can’ts for an AST. As long as one of the tenant on the AST is a full time resident and makes this place as their only primary residence it is fine to add others onto the AST provided they have passed their right to rent check.