Q&As

A residential property is let to a limited company and sublet to individuals. Who is responsible for statutory compliance (ie to provide EPCs, the right to rent guide, electrical certificates etc) and what legislation governs corporate lettings?

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Published on: 24 August 2021
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We have assumed that the property is in England.

A letting of residential property to a corporate tenant is likely to be a common law tenancy. A corporate tenant cannot be an assured tenant and the tenancy is unlikely to have the security of tenure of the Landlord and Tenant Act 1954 as, in this scenario, the company will not be in occupation. See Practice Note: Residential tenancies granted to companies.

The subletting is likely to create an assured shorthold tenancy (AST), assuming that the

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Jurisdiction(s):
United Kingdom
Key definition:
Right to Rent definition
What does Right to Rent mean?

Every landlord must check that tenants can legally rent residential property. Landlords must check a tenant’s original acceptable documents (eg passport) allowing them to live in the UK, must keep the copy documents on file and record the date of the check. Copies of the documents must be kept for the time of the tenancy and one year after.

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