Right to reside? - Land Lords obligations

Landlord Discussion Legal
1

The situation.

I have two Japanese nationals (married couple) on an assured shorthold tenancy agreement that commenced on May 21st 2022, this after I did their right to reside checks at the start of April 2022.

After six months the tenancy reverted to a periodic tenancy with one month notice required from either party landlord or tenant.

In doing their initial checks I noted that their right to reside ends on 25th Jan 2023, and I have been informed by the tenants that they have been remis so far in getting on and renewing this and that they may not have right to reside status renewed / confirmed by Dec 24th when I could/should serve notice should this situation arise?

I note however from Gov.uk that the landlord has to check by the latter of two dates (extract below/appended)

The later of the end of the right to stay (25-01-2023), or 12 months from last check (01-04-2023)

Has anyone had any experience of this, I would be really grateful for your advice on this matter.
p.s. I have already written to a Gov.uk Immigration advisor, don’t know how long they take to respond?

2

If the tenant had a Right to Rent at the start of the tenancy then you are allowed to rent to them for up to 12 months. You would need to serve notice at the end of January if they don’t give you a new share code by then.

Incidentally, I think that doing the R2R check almost 2 months before the tenancy began would normally be considered too far in advance, but I’m not sure if there would be any consequences now.

3

Thanks David, that might explain the 2nd bullet - 12 month limit on the gov.uk web page for follow up checks.
Checking your tenant’s right to rent: Follow-up checks - GOV.UK (www.gov.uk)