Right to rent

mills112

My friend is thinking of renting his flat to a neighbour's brother.  His brother is in the UK on a refugee visa.  He is an Iraq national and his home office travel document states that he has the right to stay in the UK until 12.08.2026



My friend is happy to rent to him and if he has to leave in August, he will put his flat on the market again if the tenant can't get a new visa.

So I am thinking it is safe for him to issue an AST to end on 12 August 2026?  As that means he has only rented to someone during the period where they have the right to stay in the UK and so he won't be in breach of checking the "right to rent" status?

user1977

That's my interpretation of the advice in https://assets.publishing.service.gov.uk/media/6878ea540263c35f52e4dd75/270625_Landlords_guide_to_Right_To_Rent_Checks-.pdf

He will need to check again if the tenancy is being extended beyond the current visa expiry.

poseidon1

Given the stringent penalties of up to £20,000 imposed for right to rent compliance failures, your friend would do well to adhere to every single aspect of the mandated checking and verification process as outlined below- 

https://www.ast-assistance.com/blog/landlord-right-rent-check-your-legal-obligations#:~:text=Penalties for non-compliance,which may affect future lettings.

Additionally since neither your friend or you would necessarily recognise expertly forged documentation, your friend should also use the Home Office online verification process as a backstop to all other checks - see link below 

https://www.landlords-request-a-check.homeoffice.gov.uk/start

Altruism is laudable, but given the current hostile environment against refugees, your friend would do well to cover his back.

mills112

poseidon1 said:

Given the stringent penalties of up to £20,000 imposed for right to rent compliance failures, your friend would do well to adhere to every single aspect of the mandated checking and verification process as outlined below- 

https://www.ast-assistance.com/blog/landlord-right-rent-check-your-legal-obligations#:~:text=Penalties for non-compliance,which may affect future lettings.

Additionally since neither your friend or you would necessarily recognise expertly forged documentation, your friend should also use the Home Office online verification process as a backstop to all other checks - see link below 

https://www.landlords-request-a-check.homeoffice.gov.uk/start

Altruism is laudable, but given the current hostile environment against refugees, your friend would do well to cover his back.

thanks!  didn't know the home office had that online check!

will certainly do that.

sheramber

Has the flat been a rental property up to now and your friend knows all the requirements about being a landlord? 

mills112

sheramber said:

Has the flat been a rental property up to now and your friend knows all the requirements about being a landlord? 

he's been a landlord before but he let it through an agency.  this time round he has asked me to help him as i was a landlord before recruiting my own tenants but my last tenants were last year and they had been there for 9 years.

i am up to speed with all the landlord requirements and catching up with the new renters rights bill.

_Penny_Dreadful

mills112 said:

My friend is thinking of renting his flat to a neighbour's brother.  His brother is in the UK on a refugee visa.  He is an Iraq national and his home office travel document states that he has the right to stay in the UK until 12.08.2026



My friend is happy to rent to him and if he has to leave in August, he will put his flat on the market again if the tenant can't get a new visa.

So I am thinking it is safe for him to issue an AST to end on 12 August 2026?  As that means he has only rented to someone during the period where they have the right to stay in the UK and so he won't be in breach of checking the "right to rent" status?

The fixed term might end 12th August but that doesn’t mean the tenant has to leave the property. Your friend would need to conduct the right to rent check again before 12th August and if there isn’t a new visa your friend would need to inform the Home Office if the tenant remains in occupation. Then once the Home Office grants a disqualification notice your friend can fast track the eviction process using Section 8 ground 7B. 

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/eviction_warrants_and_writs/eviction_of_a_tenant_with_no_right_to_rent

Edit to add: In fact the fixed term won't end 12th August 2026 because come 1st May 2026 fixed term ASTs will be abolished and all existing ASTs will automatically convert into open-ended periodic assured tenancies, continuing on a monthly basis.

mills112

https://forums.moneysavingexpert.com/discussion/comment/81855694#Comment_81855694

yeah, i am aware of this. thanks.

saajan_12

I always just use the online right to rent checker rather than relying on a home office doc. That should display a photo of the person which you can compare is the person in front of you and a date they can rent until (or can be no right, or can be unlimited).

The results of that check can be printed (to pdf) and saved in your records to show you completed the checks in good faith.

mills112

https://forums.moneysavingexpert.com/discussion/comment/81856253#Comment_81856253

do you have a link to that please? My friend has the reply from the home office to say that the prospective tenant has the right to rent for one year from today. Which seems a bit strange when his travel document runs out in August, but maybe they are giving him time to apply for a new visa.

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/81856126#Comment_81856126

If you know that then how would your friend issuing an AST with a fixed term ending 12th August 2026 help as you say in your OP?