Deposit protection for Visa Issues

flathelplondon

I've recently signed a tenancy agreement (AST) with a 6 month break clause. The tenancy itself started on the 28th of February. I have a right to rent until my current visa expires (end of June) and was set out to have a work visa renewed so that I could continue on renting. Unfortunately, my application has been rejected and I have been told that it will take 7-8 more months from the end date of my current visa for my application to be processed. My office is new and had underestimated the immigration process and requirements. As such, I thought I could ask my landlord for a mutual termination with 2 months notice from the date that I must leave the UK on my current visa (so I would hand in my notice on the 1st of May or even mid-April), complying with the 2 month notice period as stated in our AST and informing them of the situation so that they are not fined for illegally renting to someone who does not have a right to rent. My worry is that this would fall short of our original 6 month break clause and that they would take my deposit from me. Is there anything that protects me from this? I know that landlords and tenants are covered for a 6 month period for visa applications but as I know that mine could take much longer, I don't really think that I can stay anyway as the application now requires me to apply from my home country. It is also out of my control as I cannot guarantee the decisions of the Home Office for the second time round.

1. Do I have to share documents that it's been rejected? Because I would rather not as it takes too long to acquire and they are currently with the company's lawyers anyway.

2. Can they take my deposit from me because of early termination? 

3. Any suggested courses of action?

AdrianC

There is a legal requirement on the landlord to check that your visa has been renewed - but since they checked your visa in February, they don't need to do so again until next February.

https://www.gov.uk/check-tenant-right-to-rent-documents/further-checks

seradane

No, they can't take your deposit from you but they could potentially require you to cover your rent or any re-letting charges until the date when you would have been able to break the lease (Aug 28th). So worst case that's 2 months extra rent you might have to pay despite not living there.

I would gather evidence of rejection even if it's just a message from your work saying it's been rejected (presumably you have this in writing somewhere) and speak to the landlord - they may be sympathetic and allow you to break the lease then as it is out of your control and you've give them lots of notice.

flathelplondon

AdrianC said:

There is a legal requirement on the landlord to check that your visa has been renewed - but since they checked your visa in February, they don't need to do so again until next February.

I think they would have to check again in May/June as they know that it will expire then. 

flathelplondon

 seradane said:

No, they can't take your deposit from you but they could potentially require you to cover your rent or any re-letting charges until the date when you would have been able to break the lease (Aug 28th). So worst case that's 2 months extra rent you might have to pay despite not living there.

I would gather evidence of rejection even if it's just a message from your work saying it's been rejected (presumably you have this in writing somewhere) and speak to the landlord - they may be sympathetic and allow you to break the lease then as it is out of your control and you've give them lots of notice.

Yeah I figured that worse case it would break on the 28th of August. I have an email from my company stating the rejection so I think that should work. As I've just moved in I'm wondering if I should give notice now or in April/May?