Right to Rent requirements on Corporate let

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MattMcA
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Hi, My letting agent is insisting that I carry out a "Right to Rent" check for my tenant, whose original 12-month lease I have just extended by a further 6 months, or they will do this for me for the princely sum of over £300 (!)
I have read the rules and I am not sure these checks apply to me as it is a Corporate let (the agreement is with the tenant's employer) but I wanted to seek some advice from the RLA on this before ignoring it.
I have 2 grounds for my view:
First, this is a corporate let, not a standard residential tenancy, which the link they have sent me below specifically says is excluded from the scheme.
Second, the page says we don't need to take any action if tenancies are renewed after the date the scheme was introduced (1 Feb 2016?) if the renewed agreement will be between the same parties.. which will be the case here. The original lease with the tenant first began on 3 February 2016.
I have copied the text below on this and 'tied' accommodation for your information

https://www.gov.uk/government/publications/right-to-rent-landlords-code-of-practice/code-of-practice-on-illegal-immigrants-and-private-rented-accommodation-for-tenancies-starting-on-or-after-1-february-2016#excluded-agreements

  1. 2 Which residential tenancy agreements fall within the scope of the scheme?

The scheme applies only to residential tenancy agreements first entered into on or after the date on which the scheme is implemented in the area where the property is located.

A landlord is not required to take any action in relation to residential tenancy agreements entered into before that date, 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 tenantís right to occupy the premises.

Tied accommodation
A residential tenancy agreement that grants a right of occupation in accommodation provided by an employer to an employee, or by a body providing training to an individual in connection with that training, is exempt from the scheme.

I look forward to hearing your views.


Thanks
Matt

14/03/2017 19:03

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