I’m looking at setting up a 12 month tenancy with a prospective tenant who has ILR (Indefinite Leave to Remain), and her sister who is on a work visa until 2026. The tenant who is on the ILR is bringing her husband to this country about 3-4 months into the rental period on a spouse visa.
My expectation is that (at least at first) the husband will not be contributing to the rental payments.
Can I add another tenant to the rental agreement at that point? does this restart the rental agreement, or does it continue to the end of the agreed period? how much does it cost and can I pass that cost on to the tenant?
No, you can’t just add a tenant to an existing contract/tenancy. You’d need to either do an assignment, which I wouldn’t recommend in this instance, or start a whole new tenancy, which I would also not recommend. If it were me, I would name the husband as a Permitted Occupier only on the tenancy agreement, especially if he won’t be contributing to the rent, (in fact with that option, you must not accept rent from him). You will still need to conduct a Right to Rent check on him just before he comes as well as the two actual tenants. I would also suggest you get a signed letter from the two tenants stating the familial relationship between the 3 parties. This will cover you in case the Council claim its an HMO.
I don’t add spouses in such situation as they get spousal privilege.
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