Question

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

Right to rent late check

24 Apr 2017 | 3 comments

Hi
My letting agent didn’t see original ID Passport prior to ‘executing’ the Tenancy agreement (putting date on pre-signed ASTs) by the start of the tenancy. So we ended up having deposit plus one month’s rent in advance paid on the due date of the start of the tenancy and protected on the same day and then the AST dated and executed the following day, with retrospective date in the AST for the start of the tenancy (with one day’s difference). Is this AST all still valid and not likely to cause me problems in the future?

Thanks

Answer

3 Comments

  1. guildy
    guildy on 24/04/2017 at 10:11 am

    The tenancy itself will be fine as the penalty is a fine.

    The landlord is by default liable for the penalty and can only be contracted out by a “written agreement” with an agent. You should therefore check the terms of the agreement between you and the agent that they will do right to rent checks for any future lettings. This will ensure they incur the penalty and not you (if they don’t do it properly).

    • Louise
      Louise on 24/04/2017 at 10:49 am

      Hi
      The specific question was about the contract being executed one day after the rent was due, not the nature of ‘right to rent’. So rent and deposit were paid on day before the date of the AST date of execution so a retrospective contract applied. Is that all still legally ok and not likely to cause problems with the payment/contract date discrepancy?

      Thanks

      • guildy
        guildy on 24/04/2017 at 2:12 pm

        This is fine and not a problem. The dates on the tenancy are all that you need to go by.

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