Right to rent - time limited check

Landlord Discussion
1

Hi
After others thoughts on this really, or similar experience and any actions taken.

I have done a right to rent check and the tenants visa expires in Dec 2025.

They weren’t forthcoming with this, I had to ask to see the part of the passport with the visa and then as I didn’t get the right info, asked if they had a share code, which they then provided. (a bit emmm about them not mentioning this). Anyway it said Visa expired in Dec.

I brought this up and they said, oh no worries, I have applied for an extension through work. Tried to give me their word.

I was like not good enough, I need to see proof blah. Anyway after reading about it I realised I could do a check with landlord checking service, which i did.

The result came back and said they could rent, but I would need to check again in 11 months time and I am not liable for any fines as they are covered under some section.

They were due to move in in October. So in 10 months they will in the middle of the 12 month tenancy.

I wonder what I would do if they didnt get their visa extended, and the faff of then getting them out. So it is putting me off.

Their spouse has a visa for another 4 years, and they have a reputable job, but I don’t know why I feel this is something to avoid?

Has anyone else rented out to someone who is due another right to rent check mid tenancy? WHat were you thoughts? I want to avoid faff, as we all do.

I didn’t get bank statements and now I feel like I want to as I am not convinced about their affordability. Spouse has only been in job 2 months, they wanted a rent reduction and obsessed with what I am leaving in the part furnished property and bargained with me to buy a bed frame for the third room. I don’t think they act like they have money. But they could just be tight.

Its all making me wonder about them.

Thoughts, lived experience would be gratefully received.

2

According to legislation, this is actually pretty easy… a LOT easier than typical S21. Because they have no right to rent, you report them to the Home Office. They’re likely to do a runner anyway at that point. If they don’t, they’ll have their collar felt by border agents.

Best to give them a call via their Landlords’ Helpline. I’ve called them before (not to report someone!) and they were very helpful explaining the ins and outs of it all so I’d recommend it.

3

Regardless of the ins and outs of this part of the process, should it get to that point…..

Would you move on to different tenants or go ahead?

This is the part I’m interested in. Not the mechanics of evicting someone should those circumstances arise.

Thanks

4

This is common, and mid tenancy you can ask them for a new share code or use the landlord check service. If it’s not renewed, you report them to the home office…..never had to do that bit, but the renewal midterm is simple.

5

well you said it would be a faff and that you wanted to avoid faff and the thought of faff was putting you off. So, I replied to say that it won’t be a faff. That’s therefore one thing out of the way.

But seeing as you’ve now asked explicitly whether I’d move on to other applicants, well, I never rent to anyone I have any doubts about at all. The fact that they have already been less than what you expect in terms of cooperation with the process and attitude towards the place would be enough for me not to proceed.

Bank statements are an essential part of any application process.

1 Like
6

Thank you for this. I recognise I have too many doubts and know I’ll never quite be settled.

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7

But then wouldn’t I have to evict them? I realise even having this conversation and posing these questions is my answer.

Thanks for your reply

8

You would not have to evict, but would have to report them to the Home Office. They may serve notice to end the tenancy to leave the Country, they may abandon your property. You’d deal with these as you would any other end of tenancy process.

9

The share code doesn’t tell you about their visa status. it just says they have the right to rent until such and such a date. You probably need to understand their pathway. In my case it was foreign students, but they are all allowed to stay in the country to find a job, and then after 2 years they go from being on right to rent for a limited time period to being on indefinite right to rent. So you probably should understand what pathway these people are on. If the spouse has a 4 year visa then in any case it is highly unlikely they will have any problems staying in the country, unless we get a change in government of course. For example, the pathway my student example were on was introduced by Boris Johnson, not even as a law but as a change in rules, so it didn’t even go through parliament. So whoever replaces the current lot, or even the current lot themselves, might suddenly change the rules.

10

Danielle, this is the way that visas work. There is always a possibility that the visa won’t be renewed but tenants are unlikely to try to remain in your property as they can no longer work. If they do, there is a procedure to deal with it. A landlord who conducts the checks and any follow up is at no risk. Ruling out overseas tenants for this fear doesn’t make good business sense.

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this is true… but ruling out applicants who aren’t cooperative with what you need for the application process is good business sense :wink:

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