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Eldest daughter is just about to move out of a house she rents with three friends in London- it's rented and managed by one of the bigger London agents.

 

They are all listed on the tenancy agreement. She's been there several years and the tenancy agreement has been extended etc.

 

There is provision in the contract to move out mid tenancy, subject to a charge, and various conditions, including finding a replacement tenant.

 

She's been made aware of the Right to Rent legislation which appears to apply from 1st Feb by the agent.

 

Now, she's planning to move before 1st Feb, and they have a new tenant lined up and approved by the agency / landlord.. However, she's being told that the other three tenants (who are also within contract) have to have the Right to Rent check done- at a not inconsiderable charge - and that she's likely to have to bear the cost of this.

 

As I understand it, the legislation applies to new tenancies. I would also have thought that said managing agent would have all the documents already on file to satisfy the legislation, taken as part of the screening and reference procedure when they moved in...

 

She's also been told that the fee to change tenant is £50 more than it says in the contract that she signed..

 

Any advice would be greatly appreciated!

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If there is a provision in the contract to move out mid tenancy, then the costs should be no more than what is described in the tenancy agreement.

 

You could point the agent to the government web pages which has the dates

 

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

 

I can see why they want to charge a lot because it is quite onerous, and the page listing the documents you need to check currently has the following words!

This publication was withdrawn on 15 January 2016

 

https://www.gov.uk/government/publications/rules-and-acceptable-documents-right-to-rent-checks

 

 

I believe that CAG forum owners are happy for you to name the agency - you might want to wait till you've resolved the situation.

 

I'm a small-time landlord who only let out the home I had before I paired up. So I'm not really looking forward to becoming a Home Office border guard angry.gif

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  • 2 weeks later...

I work for a small independent L.A. in the North West and use a company called Uktenantdata who perform credit checks for our clients. The Immigration Act 2014 do not apply to tenants who move in to a property before 1.2.16 and anyone who intends to move in after that date is charged £16.50 to get their passport 'validated' by them. Our credit check fees remain the same and we have to explain the extra fee to the clients.

 

The validation process applies to everyone, by the way, even if you were born in Britain and have

held a British passport for most of your life. I think that is very unfair and I suspect other credit check agencies will make a huge mark up in this validation melarkey.

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I work for a small independent L.A. in the North West and use a company called Uktenantdata who perform credit checks for our clients. The Immigration Act 2014 do not apply to tenants who move in to a property before 1.2.16 and anyone who intends to move in after that date is charged £16.50 to get their passport 'validated' by them. Our credit check fees remain the same and we have to explain the extra fee to the clients.

 

The validation process applies to everyone, by the way, even if you were born in Britain and have

held a British passport for most of your life. I think that is very unfair and I suspect other credit check agencies will make a huge mark up in this validation melarkey.

 

The Right to Rent check requires you to photocopy documents and make a basic check. You don't need to pay someone £16.50 to do this if you are doing it reasonably regularly.

 

A quick check suggests that Uktenantdata add a lot of unnecessary bells and whistles to justify the cost, especially for EU citizens who in most cases will be able to provide a passport.

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