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  • Tenant Referencing

    Company Lets - Right to Rent checks required?

    Some guidance please;

    For company / corporate lets - referencing is done against company - which is fine in terms of finances and legal status of the organisation.

    So who is responsible for referencing the people 'tenants' living in the property - checking their Visa's and right to work in the UK etc? - especially if the company may have different people living in the property over the period of time.

    Just to clarify the Company is UK limited company and everything appears above board etc, as landlord where does the responsibility start and end for the landlord in terms of these checks?

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    I would not be refferencing "the company".

    I would be refferencing the companies owners / directors and getting them signed up as personal guarantees.

    As for who is responsible for Overletting, Right to Rent, etc... that is always on the Landlord - you. So its certainly high risk - perhaps the sentence in the agreement that any subletting has to be agreed by you "which wont unresonably be refused". Outlineing what documents you require to meet your needs.

    P.S. You know a company can not have an AST right? Can not replace just put a Company's Name where the Tenant's Name used to go in an ordinary AST.

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    _________________________________________________________________________


    My posts are not financial advice, just a rambling guy passing time on a coffee break.
    The team at Bespoke Finance offers advice, including Limited Company Buy-to-Let , HMO Conversion and Cheap Life Insurance.

    _________________________________________________________________________

    Many thanks Adam for a quick response, This is a corporate let agreement(not AST) signed by the company representative - reference was done on the company & the directors by the Letting Agent.

    My supplementary question was about different employees who will be living in the property during the tenancy - and as a landlord I'm not responsible for their status to work etc?

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    If you are letting to a company then they are responsible for doing right to rent checks on their occupiers. Unless you have agreed in writing to do it for them

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Thanks David, this is correct I have let to the company and they will be responsible for the occupiers.


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