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New tenant midway through Tenancy Term - advice pls

Hi

We have a long standing tenant under an Assured Shorthold Tenancy Agreement (been there about 3 years).

AST is in his sole name but he has recently married and now wife is living with him. We are happy with this as he's been a good tenant.

Do we need to add her to the tenancy agreement - it's mid-term, how do we do this? Is it necessary because, if not, we would rather not change the agreement for two reasons: (1) there may be fees involved to re-register it with the freeholders and (2) especially since there's a chance they may both want to find a bigger place and move out soon.

Also, she is a foreign national with a "leave to enter" visa with "work permitted". Is there anything else we need to do to qualify her right to a UK AST? We have been sent a copy of the passport and the visa with leave to enter but haven't seen the original.

Never been in this situation before with a new tenant moving in mid-term, so advice gratefully received.

Many thanks.

Comments

  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    You don't have to add her as a tenant. Just note she lives there.

    Many people live together with only 1 person on the tenancy

    Not sure if her leave to enter fits the criteria for right to rent but I'm not an expert and other are
  • DIYhelp76 wrote: »
    Hi

    We have a long standing tenant under an Assured Shorthold Tenancy Agreement (been there about 3 years).

    AST is in his sole name but he has recently married and now wife is living with him. We are happy with this as he's been a good tenant.

    Do we need to add her to the tenancy agreement - it's mid-term, how do we do this? Is it necessary because, if not, we would rather not change the agreement for two reasons: (1) there may be fees involved to re-register it with the freeholders and (2) especially since there's a chance they may both want to find a bigger place and move out soon.

    Also, she is a foreign national with a "leave to enter" visa with "work permitted". Is there anything else we need to do to qualify her right to a UK AST? We have been sent a copy of the passport and the visa with leave to enter but haven't seen the original.

    Never been in this situation before with a new tenant moving in mid-term, so advice gratefully received.

    Many thanks.

    You don't have to add her to the tenancy so it would seem easier all round not to.

    The right to rent checks need to be carried out before the tenancy starts but the tenancy has already started and the husband is your tenant not her so I don't think you would have to carry out any checks on her.

    https://www.gov.uk/check-tenant-right-to-rent-documents

    Just as a FYI, there is no "UK AST" as AST only exist in England & Wales.
  • DIYhelp76
    DIYhelp76 Posts: 285 Forumite
    Part of the Furniture 100 Posts
    Many thanks for the helpful replies.

    That's a relief - makes it much easier not to have to take any action as we are happy with the tenant and hoping that he/they stay for longer.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As above.


    As an aside, if/when the current fixed term ends, you do not have to renew it (possibly paying freeholder and/or letting agent fees). Just let it go periodic.


    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • DIYhelp76
    DIYhelp76 Posts: 285 Forumite
    Part of the Furniture 100 Posts
    Thank you very much G_M, that is good advice which I'll follow when the time comes.
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