UK Landlord Forum / Life

We have a tenancy with a couple that are named on the tenancy and we have checked their right to rent status. All well and good.

Two months into the tenancy, they are asking about parents coming over from Romania to visit for what sounds like a reasonable amount of time (more than a few weeks). We think it is just one "set" of parents.

How long can they stay as visitors?
Do we have an obligation to check right to rent?

If they do choose to stay for a long time, do we need to add them to the tenancy?

Note: we used the Government model agreement, and it is a fixed 6 month AST.

Cheers Neil

I wouldn't see the need to add them to the AST is they are your tenants' guests. The LL doesn't have to check right to rent status of guests, to my knowledge. This assumes that a guest(s) is someone whose main home is somewhere else and who doesn't pay you rent. (And contributions towards food and costs such as gas and electricity don't count as rent.)

I think these are guests.

Your question is probably along the lines of, at what point does a guest stop being a "guest".

No idea, but I would have said at least one month.

I am actually impressed that they let you know this was happening tbh.   My tenants have just snuck an unknown quantity in without telling us,so maybe you will get lucky and it will be exactly as your tenants state and it is just a visit.

Thanks for the replies, I guess we will have to wait and see if they stay for a long time...

If they are still there when the first 6 months are up then we will have to "right to rent" check them and add to the tenancy.

Still unclear at which point you should check that they are not overstaying a visa or some such...

Cheers Neil

There's probably a finer point of Law here and, as the Government these days seems to be deputising Landlords to be part of UK Border Force (unpaid position), it's entirely possible you are expected to know who is in your property and do Right to Rent checks - even though they're not renting from you, and have no contract or relationship with you. Seems a tad crazy. I think this is a perfect case where common sense could be easily applied - you have a tenancy, with your Tenants, that agreement probably says that they should have quiet enjoyment of the property - you did your Right to Rent checks prior to the tenancy commencing... I don't think it's intended that these checks are an ongoing and live thing. You have ticked your boxes. Your position is that extra bodies at the property are guests of your Tenants. Now, some tenancy agreements will (believe it or not) state how long a guest can stay... like, they'll try to impose some restriction on the situation... but, personally, I don't think that flies. Circumstances change and you aren't going to say to your Tenant that their sick mother has to be out if she stays for more than 14 days in any 6 month period, are you? No, because it would be callous. I think you are in a no-win situation and even though I question my own advice here I think it might be appropriate (pragmatic?) to let it just slide. I don't think anyone is going to come knocking down your door in this age.

Quote from: Neil on September 13, 2018, 02:26:20 PMI guess we will have to wait and see if they stay for a long time...

This, I think, but even then - probably do nothing. Your only real concern is about the extra wear-and-tear caused by extra bodies (which is a real thing).

Thanks for the advice, my inclination is to leave, what seem to be good tenants, alone to as you say "quietly enjoy the property" which includes having guests.

Cheers Neil