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The Right to Rent

Unmarried co-habiting couples are the fastest growing family type in the UK (5)

Landlords of residential property should be familiar with the right to rent rules by now and well used to checking prospective tenants right to live in this country. This is a reminder that letting a residential property to a migrant who’s not entitled to reside in this country is now a criminal offence. The sanctions are extensive.

Whether the right to rent rules apply to holiday lets depend on the facts of each case.

The law is targeted at the occupation of property as the tenant’s only or main home under a residential tenancy. It is anticipated that most holiday lets will not be caught because they are generally very short-term arrangements, with an overriding leisure purpose. However, holiday lets are not specifically exempt, hence the warning that every case must be considered on its own facts.

The Home Office guidance provides that a lease for more than 3 months, or for an indefinite term, may indicate something other than a “genuine” holiday let. Note, this is guidance only it is not a rule of thumb. Also note the word “genuine”. It has crept into several immigration tests in the last few years and introduces flexibility of interpretation which can of course bend either way.

As ever, Trethowans Employment & Immigration Teams are ready to help.

If you are looking for conveyancing services in the South, our expert residential property solicitors based in Salisbury, Southampton, Poole, Bournemouth and Winchester are on hand to provide you with the legal help and guidance you need. Don’t hesitate to contact Partner and Property Solicitor Lucy Spollin on 01202 339006 or contact us here.

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