Marty90

Hi all,

I have read differing opinions on this but I would like to seek some clarity.

For rented accommodation, obviously a tenancy agreement is required. However, some believe (i.e. it is not officially stated) that a tenancy agreement must have at least 6 months of time left to run on it at the time of the application. What are people's opinions/experiences on this?

If the tenancy agreement states that the tenancy becomes periodic after this fixed term is this sufficient?

Many thanks.

angie_329

Sometimes one cannot commit to a tenancy agreement until the visa is issued (and landlords now need to see proof of right to rent - i.e visa ) so it is possible/necessary to rent short term or holiday let until finding a long let and advise of this in your application.
In the UK long lets are considered to be anything from 6 month terms upwards, which can continue on a periodic tenancy, and that should show intention of permanent accommodation I would think. Thought always a good idea to point out what periodic means for the application.

Marty90

Thanks.

If the UK sponsor is resident in the UK and is one month into a 6 month tenancy agreement (at the time of application), would this be sufficient for accommodation?

The tenancy agreement to be submitted does state within it that the tenancy becomes periodic after the 6 month fixed period.

angie_329

From what you say the tenancy is with someone else? normally a tenancy agreement has to list all parties living there.

The tenancy should be an assured shorthold agreement. You will need landlord's letter of consent re the person applying for the visa stating that if they obtain the relevant visa ( to comply with landlords obligation of right to rent check)then they can live there and be added to the tenancy agreement.

As the tenancy is periodic I would think it would comply since the tenant/s is free to continue the tenancy after six months. So I do not think it would be an issue if the tenancy is already underway, subject to showing landlord consent to add second person and pointing out the periodic clause.

However what is the notice period from the landlord? Currently the earliest notice/section 21 can be served is after 4 months and one day, ( used to be 4 months) hence it will take the tenant into the seventh month in any case on a six month tenancy.

This complication was forgotten when the new rules about notice timing came in! Nothing to do with immigration though.

I would think it is relevant (to show ability to extend tenancy via the periodic clause after six months ) if the visa applied for is longer than six months, which is the case with a spouse visa.

What visa are you/ partner applying for?

Possibly you need to ask an immigration/ visa agent to confirm this tricky area.


Found this on another board
HO expects you to have a minimum of 6 month at least on your agreement before you apply or should be stated in the letter by your landlord he will renew the agreement at the end of the one you got.
spouse visa - tricky accommodation requirement : Immigration for family members • Immigrationboards.com

Marty90

Sorry I wasn't very clear with the scenario. I am asking this on behalf of a friend as I was unsure about this requirement myself.

He is a UK resident and he rents an apartment. He is sponsoring his wife who is currently outside the UK for a Spouse Visa.

He signed a new tenancy agreement that will last for 6 months. But, by the time of the application there will be slightly less than 6 months remaining on the fixed term. After the fixed term, the tenancy becomes periodic.

Once the tenancy enters its periodic phase, either party must give at least 2 rental periods (months) notice in order to end the tenancy.

He is providing the following evidence:

* Tenancy Agreement (AST) - 5 months remaining of the original 6 months fixed term
* Council Tax Bill
* Letter of consent from Landlord that outlines how many rooms exist and that the presence of the applicant would not result in overcrowding.
* A utility bill

I assume a property inspection report is not needed as he lives alone and the landlord's letter confirms that the property is for the exclusive use of him and his dependents. The Council Tax statement also shows a single-person 25% discount.

Is this evidence and situation acceptable?

Shirtback

I think OP is overthinking this: there is no requirement stated for the length of the tenancy, because there simply isn't one.

https://www.gov.uk/government/public...l-requirements

Your friend should stop worrying .

Marty90

I probably am over-thinking yeah but as you know, over-thinking and visa applications go hand in hand!

So you believe that the list of requirements that I have posted above is good enough?

Shirtback

The list of documents? Yes.

My general "rule of thumb" is read the requirements (from the official relevant government information), follow the instructions, send what they ask for!

angie_329

I cannot say with certainty- on the other forum I linked they claim you need six months AST at outset of application - but this is not stated in the gov link posted by shirtback. I think its worth stating in the covering letter, or better by landlord's letter, that the tenancy of six months will become periodic after that period, just in case.

Marty90

Yeah - I have tipped the Internet upside down and can't find any official documents that specify a minimum tenancy contract period. Nor can I find testimonies of people who have been refused because of this particular thing. (Most accommodation-related refusals seem to be around potential overcrowding or just not enough evidence submitted).

Well I think the sponsor was planning to move to a bigger property with his wife a few months down the line anyway, hence him getting a 6 month rather than a one year fixed term.

I'll get him to mention in his cover letter that the periodic arrangement gives them greater flexibility if they want to move to a bigger place after getting settled. It's honest, realistic and I can't see how they would refuse that.

Shirtback

Because there is no such requirement!!

How do you think those who return & live with family temporarily manage? Or those who do Airbnb (or similar) short term rentals?

Marty90

Yes! I know that now.

I was very curious as to where these people were getting their information from (on those other forums). Like someone had uncovered the ECO's secret guidebook or something...

Shirtback

There's all sorts of misinformation, speculation, downright nonsense out there on the interwebby thing .

I like this site because it's moderated, & erroneous information (including mine when I get something wrong) is corrected sharpish. Also, links to official (gubmint) sources tend to be required, not ones to random boards/fora...

BritInParis

If you want the actual guidebook then read this:

https://www.gov.uk/government/upload...Annex_1_7A.pdf

Marty90

Good find.

The emphasis is clearly on assessing the nature of the accommodation itself rather than on any kind of timelines.

Thanks for your help.