Hi
My tenant’s right to rent expires in Dec '26.
What should I do?
Tenant said they are applying for extension.
Thanks
Is this in england scotland NI or wales?
You dont have to do anything at moment but could ask the timescales for hearing back on the result of the application for extension. Nearer the time you can ask whether the extension was granted. If it was they will be able to provide evidence
(Processing times are mostly 8 weeks but they might be able to pay for a quicker result
)
If not, get legal advice on how to end the tenancy (mutual surrender may be easiest), notify Home Office and follow the HO guidance. If you dont it’s a criminal offence and a big fine so you need to know what to do by dec 26
For RRA section 8 ground 7b you give 2 weeks notice
Best
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Hi @David240 thank you for your reply.
Its for England.
The tenancy has not started yet. Its a new tenant that we agreed to go for. The tenancy will start in Aug. When agency shared their info then we knew about their right to rent information that it expired in Dec.
But its a good tenant with good salary, referencing done, and agreement in process.
So what is the next plan of action?
Thanks
Generally my own rule with potential new tenants is, if unsure, find someone else. As there are plenty of other good tenants at the right price.
Only you can assess whether you want to take the risk their extension isnt granted and you then have to get a new tenant and meanwhile report them to HO and start the s8 process of eviction if needed. The risk is unquantifiable as you dont know tenants detailed immigration history and chances of being successful, whether if not they can or would appeal etc etc
You could wait 8 weeks till they get the result. You could try to find out more eg get them to show they have submitted application for extension and that it has been supported by employer. You could check salary vs current HO min thresholds for workers in their sector. But it’s all guesswork. They could get rejected for something else. Rules have def been tightened in recent years as recent govts have tried to tighten up after record migration levels.
Good luck
You need to clarify what they mean by that. Their right to rent is tied to whatever right they have to remain in the UK. Typically, this is tied to a visa. You need to find out what kind of visa they have and when it expires because whether they can get an extension at all will depend a great deal on that. Once you have that info, give the Home Office Landlords’ Helpline a call on 0300 790 6268 and they’ll be able to advise.
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Evicting a T with no right to rent via a Section 33D notice is much easier than a typical eviction.
As Shelter advise:
The landlord’s notice takes effect as an order of the High Court. At the expiry of the landlord’s notice [i.e. after 28 days], the landlord can evict the occupier without a court order and without applying to the court for bailiffs to enforce possession. They must do this lawfully and peaceably, for example by changing the locks while the occupiers are out.
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I agree. This is not really an issue. Its common for overseas workers to have to apply for a visa extension and usually straightforward. If by any chance they were refused, you would just serve the relevant s8 notice and youre covered.
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