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  • Buy-to-Let

    Right to Rent status of tenant's EU boyfriend

    I took on a tenant with 3 kids earlier this year. She did state that she has a boyfriend in Spain who occasionally visits (harder for her to go over there with the kids). She asked if this would be ok and I said it will be fine as the stay is usually no more than a few weeks at a time. 

    However, every-time i’ve been at the property, he’s been there and she has said that he has been coming over more often as he is eventually looking to settle in the UK. 

    Now normally I wouldn’t mind as the rent is being paid and the house is in good order, but I am a bit worried about my Right to Rent responsibility. 

    Should I be worried? Is there anything further i should be doing regarding the boyfriend’s residential status?

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    I would say in the first instance you need to understand how often he is actually there ?

    If he's only visiting then I don't think it's an issue - however, if - as you describe, that every time you call he's there, my suspicions would be raised as to whether he is actually residing at the property ?

    If he is then you have a possible issue as firstly he wouldn't be on the AST, you wouldn't have completed a R2R check and yes you could be at risk of further issues.

    It sounds to me that you have some suspicions which you may need to address first - I'm sure you could speak to the existing tenant and explain your scenario and why you maybe interested in knowing if he is living there as it puts you at risk of the legalities of renting to them.

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    That's interesting. I'm quite new to letting properties myself. I'm not familiar with all the gotchas and hope you don't mind me asking.

    What are the likely issues that you mention?

    If the "EU boyfriend" was indeed residing what would length of time would count as towards that?

    I'm actually in the process of letting to a girl that says she has a boyfriend in the EU who would visit from time to time too...

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    I don't know the specifics of time frames and I'm sure another member a lot more qualified than me will be able to guide on that front. I'm here only to point out that at some point - visiting - may become residing and if that is the case that is going to impact the current AST in place and R2R checks.

    I've seen examples of boyfriends visiting to residing to the actual tenant moving out and the boyfriend remaining - now that's a world of hurt - and it all starts with visits. So it's best to be sure who is "actually" living and residing at the property.

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    Is the boyfriend Spanish? If he is an EU citizen (or a few other nationalities) then he has an indefinite R2R in the UK. Just get a copy of his passport or id card. Once you have this, you don't have to check again (until the law changes for Brexit).

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    Thanks Mark for your advice, yes I do need to find out first if he is actually residing or not.

    qweasdzxc very good point! This would make it a lot easier, just then becomes a decision of whether to add him to the tenancy if he is staying.

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    Why do you want to add him to the AST? If he is just visiting, then why just allow him as ‘guest’ of the Tenant?
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    All views expressed are my own and do not represent the opinion of any entity which I have been, am now, or will be affiliated. I am not responsible, in any way whatsoever, for the use of the information contained in or linked in the post.

    I don't WANT to do anything however I may HAVE to do something.

    I first need to understand if he is actually living there or if he is just visiting. If he is living there, then he will need to be added to the tenancy.

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    I would also check whether he has put himself on the electoral register. He may be trying to establish his residency prior to Brexit

    I would resist strongly putting him on the tenancy when you don't know anything about him. You could be making a rod for your own back

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    Agreed - and it should be explained politely but firmly to both parties - that should the female tenant terminate the tenancy - they both vacate the property - no ifs or buts.

    That said it would be sensible to do RTR on male party just to cover your back as the property owner.

    I would have additional concerns if the female tenant is on benefits as she could be sanctioned if cohabiting with another worker.

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    Interesting comments.

    ​So I the main reason for putting him on the tenancy is exactly that, if my tenant was to leave and he remains. I can say they both need to leave verbally, but legally where do I stand if my tenant does leave and he is still in the property? Would this become a police issue?

    The female tenant is accepting part benefits which I imagine could be tricky for her if he is intending on staying permanently

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