The Association of Residential Letting Agents has obtained clarification from the government in relation to existing tenancies where an additional occupier joins a longer-standing named tenant.
In a statement on the association’s website, it says the starting point in determining agents’ or landlords’ responsibilities is the Immigration Act 2014 and the Code of Practice.
This says that a landlord is not required to take any action in relation to residential tenancy agreements entered into before February 1 or which are renewed after that date if the renewed agreement will be between the same parties and there has been no break in the tenant’s right to occupy the premises.
However, the association has queried with the government what happens where a renewal has one new occupier in addition to a longer-standing tenant - does an agent have to conduct checks on all existing occupiers or just the new occupier?
ARLA says: “The Home Office response to this is that if a different occupier is named on the tenancy agreement then it is a new tenancy in terms of the scheme and a Right to Rent check should be made of all occupiers subject to the scheme.”
The association says there is new ID Guidance provided by the Home Office, and ARLA advises agents who have copies of the ID Guidance printed before February 2 should check against the guidance currently on the site.