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  • Legal FAQs

    Right to Rent Checks

    My tenant moved into my property last year and I am renewing his tenancy for 1 more year.

    His right to stay in the UK is valid until March 2020 and he is applying to extend it this week.

    My question is can I issue him a new AST for 12 months, or should this be for less time?

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    Why not just let it continue as periodic?  No paperwork & if there are problems (eg rent not paid) quicker eviction with s21....

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    Yes that's what I really want to do, but the tenant is asking for a new AST to show the Home Office as he thinks they may say his existing AST will expire soon.

    But my understanding is that if he applies whilst the AST is valid, it shouldn't be a problem and in any case it will become a periodic tenancy?

    Could I just give him some sort of letter confirming this?

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    His right to remain is not contingent upon his having existing accommodation in UK.

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    Actually, even though I'd prefer to let it become periodic, I've just found out that I'll have to issue a new AST & deposit protection because I have 6 weeks deposit and this needs to be changed to 5 weeks as per new rules

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    I dont think that kicks in for about another yr for old ast

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    That's not correct. If you have six weeks deposit that will be fine unless you issue a new tenancy after June 1st. So leaving it periodic is fine.

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    If you have a mortgage, check what the conditions are, mine won't allow periodic tenancies, they have to be ASTs.

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