Tenant's 2nd short-hold tenancy is almost up & they're potentially leaving the UK

[Integral]

Hey all

I am a first time landlord and have had the good fortune of having really lovely tenants who've always paid on time and been a pleasure to deal with.

They are a family of non-UK nationals who are here on a student's visa at the moment. The visa expires soon, and they have applied for consideration of an extension. Should they not receive the extension, they'll move back to their native country. They have had 2 short-hold tenancy agreements with me, both for 6 months a time. Their current short hold tenancy is about to expire, tomorrow is the last day in fact.

Because they do not know if they will remain in the UK, they cannot obviously commit to another 6 month contract. I would like to get a month to month contract for them to sign, but I'd just like to go about that right way. If anyone has a minute, could they possibly offer me some guidance?


Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?

England.

Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?

Family of 2 adults and 2 children.

Q3 – What date did current TA start dd/mm/yy?

31/03/2015 (approx)

Q4 – How long was initial fixed term (6/12/24 months / other)?

6 months.

Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?

Per Calendar Month.

Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?

Yes.

Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

N/A.

Q8 – Does the landlord live in the same property as the tenant?

No.

Thank you in advance for any guidance!

I.

[amazondean]

Just leave it as a rolling contract. There is nothing to sign to complicate things. They just give you a months notice when they want to leave. Simple!

[Hippogriff]

Indeed.

You are over-thinking it in your desire to do things right. Not usually a problem - attention to detail - but the wonderful world of AST to SPT is that it automatically arises without you having to do nary a thing. Everyone involved in this challenging time can heave a huge sigh of relief and just live their lives.

[ram]

Imigration.
You may have heard that if a landlord lets to persons who are not legaly allowed to be in this country ( includes visas expiring ) landlords can be fined heavily !

When the visa expires, you must evict and inform the authorities they do not have permission to be in the country.
But check the regulations.

[mariner]

MonthlySPTwill automatically be created on stroke of midnight, at ed of fixed term.

ram makes an interesting comment. Indeed a new Tenancy cannot be granted until Immigration/Visa status allows.
I am ot aware that LL is required to evict existing T imm on visa expiry.
Legally this cannot be achieved with s21 I under 2 cal months, so tech LL (ad Court )would be breaking the Law, whilst following legal eviction process.
Also ay Immigrant has Right to Appeal ay Immigration decision.
We kow how long it ca take Home Office to find, sweep up illegals and over-stayers.
Right to rent legislation has not created many Case Law precedents to date AFAIK.

Just don't offer new Tenancies wihtout first conducting required Right to Rent checks.

Update from Home Office Guidance to Landlords.

2. Where a person’s right to be in the UK will expire during the tenancy, make follow-up checks either when the right expires or after 12 months, whichever is later. 3. If a follow-up check shows that a person no longer has the right to be in the UK, make an official report to the Home Office.

[Anne1970]

Imigration.
You may have heard that if a landlord lets to persons who are not legaly allowed to be in this country ( includes visas expiring ) landlords can be fined heavily !

When the visa expires, you must evict and inform the authorities they do not have permission to be in the country.
But check the regulations.

If an immigrant submits an application to the Home Office before the expiry of their current visa and their application is undecided by the date of visa expiry, the immigrant and their family members who have applied for an extension are covered by Section 3C and 3D of the Immigration Rules, which means that even though their visa has expired, their previous (now expired) visa conditions and right to remain in the UK continues until their new application is either approved or refused. The will NOT be illegal migrants while waiting for a decision from Home Office and can continue living, working and studying in the UK.

[jpkeates]

Landlords shouldn't evict, the home office will deport them if they're living illegally, which can take a very long time.

[ram]

As suggested, ( and i agree with ) they will not be illegal IF they have applied to renew a visa.

So unless you have PROOF they have applied for an extension, on the day the existing visa expires, they will be illegals, and in my opinion, you would have to evict.

[jpkeates]

While there's nothing to stop a landlord evicting a tenant (s21 is always an option), there's no actual requirement to.
The right to rent regulations are (at least partially) set up so that the landlord simply has to tell the home office the situation.

There's an argument that a s21 notice is a good idea - because it would help in the recovery of the property when the tenant is removed (if that's the outcome).
But we wouldn't want the illegal "alien" taking fright and disappearing from view would we?