Q&As

Is it possible to grant an assured shorthold tenancy agreement subject to a condition being met ie subject to the tenant proving it has the right to rent?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 04/06/2020

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Is it possible to grant an assured shorthold tenancy agreement subject to a condition being met ie subject to the tenant proving it has the right to rent?

Is it possible to grant an assured shorthold tenancy agreement subject to a condition being met ie subject to the tenant proving it has the right to rent?

By way of background, Chapter 1, Part 3 of the Immigration Act 2014 (IA 2014) contains provisions which prohibit the letting of residential premises to ‘disqualified persons’ (the ‘right to rent’ scheme). More particularly, under IA 2014, s 22(1), a landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status (ie if they require leave to enter or remain in the UK but do not have it, or have leave subject to a condition preventing them from occupying the premises). However, it should be noted that, even if a landlord fails to comply with the statutory duty, if a tenancy is granted it will be valid.

There is no reason in principle why an agreement for an assured shorthold tenancy (AST) cannot be subject to a condition precedent. The condition precedent,

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