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Landlord Legal Issues - March 2022

Landlord & tenant lawyer, Tessa Shepperson of www.landlordlaw.co.uk answers your questions

Q. I recently purchased a property with tenants in it. When I viewed the flat, I saw two children and their father, however after I purchased it, I spoke to the mother who said that her husband does not live there. As I need to do ‘right to rent’ checks on all adult occupiers, I am worried about this. Should I be?

A. With the ‘right to rent’ checking system you need to have the necessary records to protect your position.  

So, I suggest you ask the wife to sign a new tenancy agreement. In this agreement, which will be just in her name, you should list all the other occupiers in the property (in my agreements they are described as ‘household members’) – which will probably just be the two children. As they are under age they do not need to be ‘right to rent checked’. The agreement should state that only the named tenants and the household members are entitled to live at the property.

This, combined with a written (signed and dated) file attendance note recording your meeting with her saying that her husband does not live at the property, should be sufficient to protect you, for example, if it turns out later that he does live there but does not have a right to rent. If he does have a right to rent – there is no problem anyway.

Q. I have bought a property which has tenants already living there. Do I need to get them to sign a new tenancy agreement?  

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