Landlord News

ARLA receives clarification on extra occupants

Em Morley - February 11, 2016

ARLA has finally received clarification from the Government relating to specific features of the Right To Rent scheme.

The firm has obtained guidance on existing tenancies where an additional occupier joins a longer-standing and named tenant.


In a statement on ARLA’s website, it says that the point of beginning in determining agents’ or landlords’ responsibilities is the Immigration Act 2014 and the official Code of Practice.

Here, it reads that a landlord is not permitted to take any action relating to residential tenancy agreements entered into before 1st February 2016. Also, a landlord is also not required to take action should the tenancy agreement be renewed following that date if the agreement will be between the same parties and there has been no break in their right to live in the premises.

ARLA has questioned the Government over what happens when a renewal has one new occupier in addition to a longer-standing tenant. The firm queried whether an agent has to conduct checks on all existing occupiers or just the new tenant.

ARLA receives clarification on extra occupants

ARLA receives clarification on extra occupants


Communicating the response, ARLA said, ‘The Home Office response to this is that if a different occupier is named on the tenancy agreement then it is a new tenancy in terms of the scheme and a Right To Rent check should be made of all occupiers subject to the scheme.’[1]

The association also says that there is new ID Guidance, provided by the Home Office. ARLA advises agents who have copies of the ID Guidance printed before the 2nd February 2015 to check against the guidance currently on the site.