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Do I have to carry out new R2R checks when I amend a TA?

Question

I have had tenants in my property for a few months, but due to changes within the lease of the building, I have to make a change to their tenancy agreement. Do I have to carry out a new right to rent check on them even though they are not changing?

Answer

A right to rent check is a very important part of the lettings process, and you are right to want to make sure that you are ticking all the required boxes.

If you have made any changes to the tenancy agreement or issued a new one, regardless of what these changes are based on, you must carry out new right to rent check on your tenant – even though their circumstances haven’t changed.

A ‘new’ tenancy agreement is defined as the following:

  • There is a variation or assignment of the agreement which grants the right to occupy the premises to one or more new occupiers;
  • The tenancy is surrendered by one of the occupiers, and a new joint tenancy is agreed between one or more of the original parties and one or more new occupiers;
  • Where a new tenancy agreement is signed between the parties, if, for example you issue a new fixed term contract after a previous fixed term contract has ended. However, if your tenancy agreement has simply rolled over and become a periodic (rolling monthly) tenancy you do not need to carry out new checks.

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