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Question

Immigration Act and Right to Rent (England) | Tenancy Agreements (England) | Types of Tenancies (England)

Right to Rent Documents

24 Jan 2017 | 2 comments

Hi Adrian, I have a few questions in relation to a new AST I am currently preparing. It will be for a fixed term of six months with the possibility to extend at the end of the term.
There will be four Tenants in total, one of whom is 15 years old. He does not own a passport. Whilst there is a list of alternative documents for confirming Right to Rent, these mostly apply to adults. How can I confirm the right to rent of a minor without a passport?
One of the adult Tenants has a U K passport that expired in 2002 and she has not renewed – is an expired passport acceptable evidence?
One of the Tenants (Tenant A) will reside only for the first six months and leave at the end of the term with the probability of the other three remaining; is it necessary for Tenant A to be an official Tenant or could she be a lodger for the simplicity of the Agreement. If the answer is that she must be an official Tenant, does it require a new AST to be set up for the remaining three, or could it become Periodic with one Tenant having vacated?

Thanks, David

Answer

2 Comments

  1. David Ch

    Hi Adrian,

    Having read again the requirements, I note that minors under the age of 18 are excluded. This alleviates the immediate question but raises another; if the minor turns 18 during the course of the tenancy, would a check then become necessary or does it apply only at commencement?

    I also note that an expired passport is acceptable, so please ignore this question.

    Thanks, David

  2. guildy

    Wherever possible, we prefer names to match. The problem is, what if the other 3 left, leaving the one un-named adult occupier? Where they are all named the position is clear. Certainly if the one leaving is related (such as son or daughter) then, the name could be left off as they are just living with parents and you wouldn’t expect them to be liable for the rent (whatever age).

    If you were happy that it is all going to happen as suggested then, they could be put down as a permitted occupier. I’m generally not keen on the use of that but this would be a situation where it’s useful.

    Otherwise, you should name all four tenants then, when one goes, do a new tenancy for the three remaining.

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