Right to let question

[hostwiz]

Hello there,

my wife(non eu) has joined me in the the UK last week on eea family permit.
I contacted my landlord letting her know that now we are living together and just to have her send me an email that she is aware of that. This is what the property management needed to give my wife access to the gym etc.

The landlord came back saying that she would have to be added to the tenancy agreement and we will need to get a check for right to rent.

We have done that but now we have been told that legaly my wife can not be added to the contract because her visa expires before the tenancy contract ends.

These are all valid points, I guess what I am looking to find out : is that all true and what are the possible options to get my wife on the contract?

Any help on that matter will be greatly appreciated.

Thank you

[vinny]

Although they should perform right to rent checks on your wife, there is no legal requirement for them to add your wife to the lease contract as a prerequisite for her to live there.

[hostwiz]

Hi vinny,

thank you for your reply.

Legally you are not allowed to let a property to a person who does not have a visa for the whole duration of the contract.
This is against the law and as a landlord I have to abide by it.
Your wife's visa runs out October 17 hence she can not be a side to the current contract nor is she allowed to be in the flat once her visa expires.

This is what I got from the landlord.

Do you have any idea where I can read about that there is no requirement for them not to add her in the contract?

Thank you

[vinny]

right to rent checks
no

Do click on the links for more information.

[hostwiz]

Hi vinny,

thank you very much!

I will send that to the landlord and the agency. My case is not the same as the one you pointed out.

The landlord is refusing adding my wife because her visa expires before the end of the contract.

Is this relevant to my situation?

What should be included in tenancy agreements?
There is no requirement to create a written tenancy agreement listing all those who
will live in the property, but landlords, agents and householders may find it advisable
to do so. If the tenancy agreement is oral or implied, the checks should still be made
on all adults living at the property. If there is evidence a landlord, agent or
householder was aware of a person living in the property but did not check them,
they may be liable to a civil penalty, regardless of whether the agreement is written,
oral or implied.

[vinny]

Yes.

Moreover, your wife may apply for a residence card prior to her EEA Family permit's expiry. After getting a Certificate of Application, your landlord may use the Landlords Checking Service to confirm her right to reside.

Actually, as a family member of a qualified person or a person with PR, your wife has an automatic right to reside and work in the UK.

[hostwiz]

Hi vinny,

much appreciated!

I sent that to the agency and the landlord.

I will let you know what is the outcome.

Thank you again.