Right to Rent start date and tenant applying for residence permit

by Readers Question

12:04 PM, 21st September 2015
About 3 years ago

Right to Rent start date and tenant applying for residence permit

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Right to Rent start date and tenant applying for residence permit

I have a prospective tenant from Turkey on a tourist visa (up to end of November) who is applying for a residence permit and will be self employed as a translator (they say there is a program which helps Turkish citizens setting up businesses).passport

They are looking to move in before the end of September, can pay several months upfront and are willing to sign a special clause agreeing to vacate if their residency application is refused.

Looking at various websites I think, but am not sure, that the start date for the Right to Rent non trial areas is 1st of October – does anyone know more? .

So potentially I could take them before that date and not have to worry?

If I do have to do checks does anyone know if the tourist visa is a non starter?

Laura



Comments

Neil Patterson

12:12 PM, 21st September 2015
About 3 years ago

Hi Laura,

We are still in the trial period (see below from .gov site), but I have not run across your scenario before of using a special clause and what the risks would be.

"Affected landlords, homeowners and letting agents

From 1 December 2014, some landlords will need to check that someone has the right to live in the UK before letting a property to them. This includes landlords who take in lodgers or sub-let property.

In most cases you’ll be able to carry out the checks without contacting the Home Office. All you need to do is check evidence of a person’s identity and citizenship, for example a passport or biometric residence permit.

The right to rent checks only apply to:

landlords, homeowners and letting agents in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton
all adults aged 18 and over living at the property
new tenancy agreements starting on or after 1 December 2014

If you let a property after this date to someone who doesn’t have the right to rent, you could be fined up to £3,000."

Darlington Landlord

13:49 PM, 21st September 2015
About 3 years ago

Thanks Neil

It looks like I should be OK so long as the tenancy starts before 1st December then.

Steve Hards

15:37 PM, 21st September 2015
About 3 years ago

Reply to the comment left by "Darlington Landlord" at "21/09/2015 - 13:49":

I think you need to read Neil's reply more carefully.

Darlington Landlord

16:23 PM, 21st September 2015
About 3 years ago

Reply to the comment left by "Steve Hards" at "21/09/2015 - 15:37":

My mistake!

So that brings me back to what date do the rules come in outside the trial areas?

Having done a bit more research as far as I can tell that won't be until after the immigration bill is passed.

13:23 PM, 27th September 2015
About 3 years ago

Personally, I'd enter into the Spirit of the Right to rent NOW and use the UKBA free telephone enquiry service, - ' Get it from the horses mouth '
Chris


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