Please help. Spouse visa !
Sep 4th 2020, 12:05 pm
#16
Forum Regular
Thread Starter
Joined: Jun 2018
Posts: 45
Re: Please help. Spouse visa !
It’s crazy that he would choose to end my tenancy that provide that letter.
Sep 4th 2020, 12:08 pm
#17
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Joined: Jan 2013
Location: Western Australia
Posts: 21,139
Re: Please help. Spouse visa !
It all sounds very fishy, but I can't advise you further without knowing what type of tenancy you have. You should have a copy of it, either a hard copy or an electronic one.
Sep 4th 2020, 12:12 pm
#18
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Re: Please help. Spouse visa !
Just looked the tenancy is AST. I think they are just holding onto the reason as when I took my tenancy I took it as a sole occupier . But that doesn’t mean that the tenancy can’t be changed down the line ?
Sep 4th 2020, 1:07 pm
#19
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Location: Western Australia
Posts: 21,139
Re: Please help. Spouse visa !
He has advised that he will release you from the tenancy early
Did you ask to be released from your tenancy? If not, the landlord cannot 'release you from the tenancy early' against your wishes without a very good reason - that is an illegal eviction and a criminal offence. Requesting that your husband be added to your tenancy agreement is not an acceptable reason for your landlord ending your tenancy against your wishes. Also, all requests by a landlord to end an AST, whether this be a fixed term AST or a periodic/rolling AST (after any fixed term has expired), must follow legally required processes, including giving the tenant at least the minimum prescribed amount of notice and issuing the tenant the correct notification documents.
In my opinion your need some expert advice and guidance. Shelter can assist you, find your local office through this link and call them https://england.shelter.org.uk/get_help/local_services
Before calling Shelter, check on their website that your landlord/the agent have adhered to all legally required processes relating to your tenancy. Were you issued with the required documents at the beginning of your tenancy? Has the property had the required, regular gas and safety certificates checks? Has your rental deposit been protected properly? Do also discuss with Shelter the landlord's refusal to add your husband to your tenancy agreement conditional on him passing a Right to Rent check. You have every right to request this and your landlord is obliged by law to not refuse such requests unreasonably.
Let us know how you go Sophie.
Sep 5th 2020, 9:59 pm
#20
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Please help. Spouse visa !
Thank you for your advice .
UPDATE on the situation after more back and forth and stating what you said . The letting agency did do some checks on my husband and this below now is the response. Basically they have strung me along for weeks now and now are ending the tenancy. Apologies for the delay. I have now spoken with the landlord. He is not comfortable with the whole situation and that it wasn’t highlighted at any point to us during your application that your husband would want to move in after the application and agreement was for you as a sole tenant.
He has advised that he will release you from the tenancy early. The terms of this are :
I) That you pay the landlord’s re-marketing fee of £400 + VAT before the property is marketed
II) The rent must continue to be paid up to and including the day before a new tenant moves in or the expiry of the tenancy agreement, whichever is sooner. Please keep your standing order live and any overpayments will be reimbursed to you once a new tenant takes residency.
III) All utilities plus Council Tax must be paid up to and including the day before a new tenant(s) move in or the expiry of the tenancy agreement, whichever is sooner. We will take care of the meter readings on your behalf.
IV) There needs to be a gap of at least 10 days in between you vacating and the new tenant(s) moving in if further cleaning/gardening/maintenance etc. is required.
V) You remain fully responsible for the property as per the Terms of your Tenancy Agreement, until which time you are checked out and keys are handed back to Belvoir, even if you choose not to live there in the interim period. You are strongly advised to regularly check the property, particularly during colder weather.
UPDATE on the situation after more back and forth and stating what you said . The letting agency did do some checks on my husband and this below now is the response. Basically they have strung me along for weeks now and now are ending the tenancy. Apologies for the delay. I have now spoken with the landlord. He is not comfortable with the whole situation and that it wasn’t highlighted at any point to us during your application that your husband would want to move in after the application and agreement was for you as a sole tenant.
He has advised that he will release you from the tenancy early. The terms of this are :
I) That you pay the landlord’s re-marketing fee of £400 + VAT before the property is marketed
II) The rent must continue to be paid up to and including the day before a new tenant moves in or the expiry of the tenancy agreement, whichever is sooner. Please keep your standing order live and any overpayments will be reimbursed to you once a new tenant takes residency.
III) All utilities plus Council Tax must be paid up to and including the day before a new tenant(s) move in or the expiry of the tenancy agreement, whichever is sooner. We will take care of the meter readings on your behalf.
IV) There needs to be a gap of at least 10 days in between you vacating and the new tenant(s) moving in if further cleaning/gardening/maintenance etc. is required.
V) You remain fully responsible for the property as per the Terms of your Tenancy Agreement, until which time you are checked out and keys are handed back to Belvoir, even if you choose not to live there in the interim period. You are strongly advised to regularly check the property, particularly during colder weather.
It is unclear from what you have posted as to whether the agent has purported to give you an end/ move out date, or you have just been threatened with termination. At this point, if you have purportedly been given an end date, (which, as noted, is likely not lawful) I would recommend a conversation with someone at the Citizens Advice Bureau ASAP. If terminating your tenancy is stil at the discussion stage, you should tell the agent that you are current on your rent, and are abiding by all the terms of the lease, and have no interest in leaving, and see what they say .... though you might find a quick change to circumstances will leave you also needing to talk to the Citizens Advice Bureau.
I don't suppose you recall if your home was originally advertised as being for one person only?
Sep 5th 2020, 11:07 pm
#21
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Joined: May 2010
Location: San Diego, California
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Re: Please help. Spouse visa !
As per Spouse of Scouse, it is highly unlikely that your AST tenancy can be terminated under the circustances you describe.
It is unclear from what you have posted as to whether the agent has purported to give you an end/ move out date, or you have just been threatened with termination. At this point, if you have purportedly been given an end date, (which, as noted, is likely not lawful) I would recommend a conversation with someone at the Citizens Advice Bureau ASAP. If terminating your tenancy is stil at the discussion stage, you should tell the agent that you are current on your rent, and are abiding by all the terms of the lease, and have no interest in leaving, and see what they say .... though you might find a quick change to circumstances will leave you also needing to talk to the Citizens Advice Bureau.
I don't suppose you recall if your home was originally advertised as being for one person only?
It is unclear from what you have posted as to whether the agent has purported to give you an end/ move out date, or you have just been threatened with termination. At this point, if you have purportedly been given an end date, (which, as noted, is likely not lawful) I would recommend a conversation with someone at the Citizens Advice Bureau ASAP. If terminating your tenancy is stil at the discussion stage, you should tell the agent that you are current on your rent, and are abiding by all the terms of the lease, and have no interest in leaving, and see what they say .... though you might find a quick change to circumstances will leave you also needing to talk to the Citizens Advice Bureau.
I don't suppose you recall if your home was originally advertised as being for one person only?
Did you tell your landlord that you would be renting the apartment with your husband and that you would be requiring his permission for the visa application? It would be something, I, personally, would have discussed, when agreeing to rent the place.
You say the landlord is 'not happy with the situation' - he might be thinking you have rented without giving full disclosure as to who would be in the accommodation.
Sep 5th 2020, 11:10 pm
#22
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Please help. Spouse visa !
Did you tell your landlord that you would be renting the apartment with your husband and that you would be requiring his permission for the visa application? It would be something, I, personally, would have discussed, when agreeing to rent the place.
You say the landlord is 'not happy with the situation' - he might be thinking you have rented without giving full disclosure as to who would be in the accommodation.
You say the landlord is 'not happy with the situation' - he might be thinking you have rented without giving full disclosure as to who would be in the accommodation.
Sep 5th 2020, 11:16 pm
#23
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Location: San Diego, California
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Re: Please help. Spouse visa !
He is not comfortable with the whole situation and that it wasnât highlighted at any point to us during your application that your husband would want to move in after the application and agreement was for you as a sole tenant.
Here is the problem/let out ?
Sep 5th 2020, 11:22 pm
#24
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Please help. Spouse visa !
Oh Oh.... just spotted this comment in post #10
He is not comfortable with the whole situation and that it wasnât highlighted at any point to us during your application that your husband would want to move in after the application and agreement was for you as a sole tenant.
Here is the problem/let out ?
He is not comfortable with the whole situation and that it wasnât highlighted at any point to us during your application that your husband would want to move in after the application and agreement was for you as a sole tenant.
Here is the problem/let out ?
Surely the former should be negotiable, the latter might be more of a problem?
Overall it sounds to me like the landlord is unsophisticated and this may be his/ her only rental. Someone with more units would, I expect, be more pragmatic. ..... Such as agree subect to a processing fee and perhaps a new lease for two people with a small increase in rent?
Last edited by Pulaski; Sep 5th 2020 at 11:24 pm.
Sep 5th 2020, 11:32 pm
#25
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Re: Please help. Spouse visa !
I took that to mean that she signed as a sole tenant, not that the unit was offered for occupation by one person only.
Surely the former should be negotiable, the latter might be more of a problem?
Overall it sounds to me like the landlord is unsophisticated and this may be his/ her only rental. Someone with more units would, I expect, be more pragmatic. ..... Such as agree subect to a processing fee and perhaps a new lease for two people with a small increase in rent?
Surely the former should be negotiable, the latter might be more of a problem?
Overall it sounds to me like the landlord is unsophisticated and this may be his/ her only rental. Someone with more units would, I expect, be more pragmatic. ..... Such as agree subect to a processing fee and perhaps a new lease for two people with a small increase in rent?
The fact the letting agent has asked for the marriage certificate seems to imply the agent and landlord did not know anything about a husband......
Sep 5th 2020, 11:40 pm
#26
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Please help. Spouse visa !
I took the statement to mean the landlord rented the place for her sole occupancy, and now she is asking for permission for husband to live there. Something the landlord does not want.......
The fact the letting agent has asked for the marriage certificate seems to imply the agent and landlord did not know anything about a husband......
The fact the letting agent has asked for the marriage certificate seems to imply the agent and landlord did not know anything about a husband......
If nothing else, Sophie might want to correct that impression at the earliest opportunity - that her husband doesn't even live in the UK, much less in her flat.
Sep 5th 2020, 11:55 pm
#27
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Re: Please help. Spouse visa !
Well that makes me think that the landlord, and perhaps the agent, thinks that the husband has already moved in!!! Those who are not familiar with matters of visas and immigration can have very confused ideas about how it works, and immediately jump to a nonsensical conclusion when presented with circumstances outside their experience.
If nothing else, Sophie might want to correct that impression at the earliest opportunity - that her husband doesn't even live in the UK, much less in her flat.
If nothing else, Sophie might want to correct that impression at the earliest opportunity - that her husband doesn't even live in the UK, much less in her flat.
My personal take on this is that the OP rented the flat as a single tenant, and did not mention the husband at all. She has now sprung on them the need to obtain permission from the landlord in order to get a visa for said husband and landlord is not happy with this.
With the current situation regarding migrants/immigration many landlords are reluctant to get involved with visa applications/permission/right to rent checks etc.....
As previously said, she should get some advice from someplace such as Citizen's Advice Bureau.
Sep 6th 2020, 3:30 am
#28
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: Please help. Spouse visa !
But I can't think of any other vaguely "rational" reason why the landlord work seek to terminate the tenancy, .... And [thinking as I type] they (landlord and agent) may even think that this has been a material breach of the lease that could make termination legal.
Sep 6th 2020, 5:38 pm
#29
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Re: Please help. Spouse visa !
Having worked in rentals and relocations, I would say the problem arose as the OP did not say at the outset that she would want to add her husband to the tenancy once he came over /had his visa. Some landlords only want single people and some might find it odd that they were not informed at the outset.
The early termination is an offer, the landlord is giving her the option to leave the contract early ( I presume OP is still at stage before the first break clause,) so she can find another property where her husband can live too. That is probably the best option for her now.
To reduce her costs the OP could let the agent start viewings so the property can be rented without much gap between her leaving and a new tenant moving in. If a tenant is found quickly OP could negotiate a lower fee for the re marketing.
The early termination is an offer, the landlord is giving her the option to leave the contract early ( I presume OP is still at stage before the first break clause,) so she can find another property where her husband can live too. That is probably the best option for her now.
To reduce her costs the OP could let the agent start viewings so the property can be rented without much gap between her leaving and a new tenant moving in. If a tenant is found quickly OP could negotiate a lower fee for the re marketing.
