I am about to let to someone who has passed the RTR check. They intend to bring a spouse from overseas in due course (might be months rather than weeks due to visa process delays at the HO).
The tenancy agreement is in the name of the former.
The question is - am I supposed to check RTR for the spouse as well when they arrive, or does my responsibility stop with checking the first party’s RTR because they are the person I am letting to and the spouse is not going to be on the contract?
must check rtr for the spouse, don’t give tenancy agreement which donot cover the spouses duration. But home office ties it to the former s date anyway, I did this for someone soon after she came into the accommodation ie same day. u need to check physically anyway. The tenancy agreement should be only his name at the start
Does this change anything:
- It is a condition of this agreement that the Tenant and any occupiers of the Premises over the age of 18, at all times maintain a right to rent in accordance with and as defined by the Immigration Act 2014 (where applicable). If the Tenant does not provide satisfactory documentation to allow the Landlord to verify the Tenant’s identity and to satisfactorily perform any right to rent immigration checks required, the Landlord will not permit the Tenant to occupy the Premises.
I guess the onus is on me to check and on the tenant to provide proof of RTR …
yes to both of your above q
If they are waiting for the wifes visa to come through then they will only be able to show you his rtr at the moment and you would have to check hers later.
Be very careful with RTR for people from overseas - the punishment is harsh - 6 months in jail and/or £30,000 fine, look it upI I had someone apply and I asked for all relevant papers - all he brought was a provisional drivers licence - he didn’t get the flat!
I had a couple do the same exact thing. They turned out to be scammers. She moved in BEFORE she gave me any documentation at all!!! She just moved in!! Then she started demanding I put her on the tenancy which by this time I learned the man tenant lied about his income to Rentguard & rentguard stupidly passed him. So it was a no from me letting her go on the contract. So she lived there illegally for nearly a year. And they ended up being the worst people I’ve be ever met. Very nicey nicey in the beginning. They owe me rent etc. I wouldn’t do it I’m afraid. Never again for me: There’s basically absolutely nothing you can do if she just moves in
@Amy8 I’m not clear what the connection is with their right to rent status?
She had absolutely no right to rent!! She was Canadian livibg in Germany. That’s what I meant about same situation. Sorry fir confusion. She was abroad. As soon as he got into the flat she moved in .
gosh, Amy thanks for sharing this info. last Yr I had done the same, gave tenancy to a USA citizen who had rtr, wife joined later, I did rtr the same day she came personally, everything fine. But your incident is an eye opener.
I just think no matter how significant this is it needs to be shared. Maybe this doesn’t happen very often? But it did happen to me. They were complete scammers. And they were so nice, it’s a lovely day, so happy, seems so professional, but he is business never earned any money. That has been proven by Companies House. I never got as far as checking her credentials because I realise that he lied and I didn’t wanna move forward. And she just moved in without even informing me
Thanks again Amy, this platform is honest, i don’t see any one misleading, I am not the one who is on social media, blogs, but here learnt quite a lot.