Hello, I have potential tenants interested in the property to take on rent, I have checked their UK Visa which is only 6 months left to expire, I have also checked right to rent and it says she can only rent for 6 months, She says her Visa is renewable which she will do close to expiry.
Can I make tenancy for 12 months as she says she will get her visa renewed, OR I have to go by her current visa validity and right to rent check and issue her only 6 months tenancy?
My understanding is that if the tenant has a current right to rent, even if its just 1 day remaining, then they are entitled to a 12 month tenancy. You should check this with the Home Office helpline.
You cant do a right to rent check using a BRP card any more. They would need a share code and when you check online I think it tells you how long they can rent for.
Having said all that, I would not recommend you give a new tenant any more than a 6 month initial term anyway, and then let the tenancy go periodic.
When you check with a share code, it gives you an answer like “they have the right to rent until July 2023”. So if you then give them a contract that goes beyond that date, are you doing something illegal? Surely the point of telling you they have the right until a particular date is so that you can set the maximum length of the contract to be coterminous?
It would appear that the time limit given by the share code is misleading as a tenant with a right to rent is entitled to at least a 12 month tenancy under the legislation. Below is an extract from the latest guidance document from the Government:
This time-limited statutory excuse lasts either 12 months, or until the expiry of the person’s permission to be in the UK, or until the expiry of the validity of the Home Office document which evidences their right to be in the UK, whichever is later.