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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm a landlord and I have signed a tenancy agreement through

Customer Question

I'm a landlord and I have signed a tenancy agreement through an estate agent and I have just found out that the tenant hasn't got proof to remain in the UK. He is claiming that his passport is at the Home Office and that he has an email from the Home Office which I have not seen. He's moving in on Sunday (10/05/2015).
Could you please advise on what to do in this case? Can I cancel the contract for this reason?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether the contract was conditional upon having leave in the UK?
Customer: replied 2 years ago.
The contract does not mention it, but is one of the legal requirements by the Home Office. Please note that the contract has been issued by the estate agent acting on my behalf but it was signed by myself, estate agent and the tenant.
Expert:  Ash replied 2 years ago.
Sadly its not a legal requirement for your agent to check the passport of prospective tenants. It is a legal requirement between the Home Office and the tenant but not you. If you cancel the contract you would be in breach of contract if it does not contain a term that he must have a right to remain.
Unless it says it in the contract then sadly the contract is not void and you could be sued for breach of contract.
I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
The estate agent has assured me that they have checked his legal status prior to singing the contract, but clearly they hasn't.
I'm required as landlord by the law to check his visa status before he moves into my property. What do i do if he hasn't got the right to remain in the UK, would i still let him have access to my proprty on Sunday?
Expert:  Ash replied 2 years ago.
Sadly this is then a matter between the agent and you. If you refuse access he can sue you for breach of contract.
Alex
Customer: replied 2 years ago.
What are the correct steps to follow to rectify the situation?
Expert:  Ash replied 2 years ago.
You can only sue the agent for breach of contract.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex