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Immigration Act and Right to Rent (England) | Tenant References and Guarantors (England)

Right to rent

18 Dec 2017 | 1 comment

Trying to reference a prospective tenant. He didn’t mention he was married until after we took the deposit and his husband is now mentioned in some parts of the form but not others. The husband is Brazilian and they have been married 2 years. The tenant is UK born and resident but his income is insufficient so his parents who are UK resident home owners on a pension have filled in the guarantor form. They say that all of the spouse’s paper work is with the home office so they only have the spouse’s birth and marriage certificate and no other documents. The husband has no income as he is not allowed to work here although he is professional in Brazil. They have been renting a property elsewhere in UK for 2 yrs. They are hoping leave to remain for the spouse will be granted 2 months into the tenancy. They are upset we are asking so many questions to prove guarantor income and LTR etc.

Is it legal for us to rent to this married couple?
Is it legal if the husband is deleted from the tenancy and just put as an occupier?
Should we be suspicious that the spouse wasnt mentioned until now?
We don’t want to be accused of discrimination and have no qualms about them being a M/M couple but not mentioning it and then having 2 people signing the application form seems so odd??


1 Comment

  1. Cobalt

    Ah… I found the government website which says that we need to contact the home office for proof of right to rent for all adults who will live there. They are not comfortable with giving us proof of income because we are private individuals and not a lettings agency. Is this normal?

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