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-   Moving back or to the UK (https://britishexpats.com/forum/moving-back-uk-61/)
-   -   Proving rentals as part of the visa (https://britishexpats.com/forum/moving-back-uk-61/proving-rentals-part-visa-904500/)

Syria87 Oct 12th 2017 10:42 pm

Proving rentals as part of the visa
 
Hello am sylivia a Ugandanmg sponsor was able to find an accountant to certify the self employment documents but now the solicit is saying that he needs proof to show that he get income from rentals coz its part of his income on the SA302 a *land registry or mortgage,, the house he lives in is big it was separated one side for his the other side for lodgers,
*his personal bank statement doesn't show the amount from rentals all of it because the lodgers pay direct to his ex-and then she deposit some money into my fiances bank account but the mon3y she deposits is less than the money he he submitted that he earnsto tax,but he deposits money by him self too in the bank.
*contracts and rental agreements, my fiance doesn't have that as he never thought that he will need them,but now the solicitor is saying that he needs them,
*profits and losses,do we really need all that?,thanx help please

spouse of scouse Oct 12th 2017 11:35 pm

Re: Proving rentals as part of the visa
 

Originally Posted by Syria87 (Post 12359840)
Hello am sylivia a Ugandanmg sponsor was able to find an accountant to certify the self employment documents but now the solicit is saying that he needs proof to show that he get income from rentals coz its part of his income on the SA302 a *land registry or mortgage,, the house he lives in is big it was separated one side for his the other side for lodgers,
*his personal bank statement doesn't show the amount from rentals all of it because the lodgers pay direct to his ex-and then she deposit some money into my fiances bank account but the mon3y she deposits is less than the money he he submitted that he earnsto tax,but he deposits money by him self too in the bank.
*contracts and rental agreements, my fiance doesn't have that as he never thought that he will need them,but now the solicitor is saying that he needs them,
*profits and losses,do we really need all that?,thanx help please

Hi - is your fiance living in the UK and renting to tenants there?

SanDiegogirl Oct 13th 2017 12:29 am

Re: Proving rentals as part of the visa
 
If he is using rental income to qualify under the financial requirements then he needs the tenancy agreements/contracts to prove the rental amounts and bank statements to show that they have been deposited as such over a 12 month period.

Yes, if he is applying under self employment he needs a full set of accounts for past 12 months showing income, expenses, profits.

Syria87 Oct 13th 2017 7:18 am

Re: Proving rentals as part of the visa
 
He is using self employment combined with rentals but he doesn't have contracts and agreement,what are we supposed to do?
Thanx

quiltman Oct 13th 2017 8:20 am

Re: Proving rentals as part of the visa
 

Originally Posted by Syria87 (Post 12359986)
He is using self employment combined with rentals but he doesn't have contracts and agreement,what are we supposed to do?
Thanx

If he is receiving rentals without any contracts/leases then to the authorities it may appear he is trying to defraud HMRC by not reporting the true amounts of rent. You will need to put contracts in place as they are required to support his income claims. AFAIK , the total amount of the rentals should be shown going into his bank account regularly. Yes, he may also need mortgage documents or Land Registry details to prove he owns the property . If he does not own it and is sub- letting, then he will need a certified statement from the owner, together with a copy of HIS lease , giving permission to sublet.
It appears he may have got himself in a bit of a pickle!
Oh, if the house has been split and rooms are rented to lodgers then it may well come under "house in multiple occupation" and quite strict rules apply , including a certificate from the local council. https://www.gov.uk/house-in-multiple-occupation-licence
He definitely needs a full 12months certified accounts which will , of course show any profit/loss.
In the final analysis, you have to provide whatever proof the Home Office requires.

spouse of scouse Oct 13th 2017 1:07 pm

Re: Proving rentals as part of the visa
 

Originally Posted by quiltman (Post 12360011)
If he is receiving rentals without any contracts/leases then to the authorities it may appear he is trying to defraud HMRC by not reporting the true amounts of rent. You will need to put contracts in place as they are required to support his income claims. AFAIK , the total amount of the rentals should be shown going into his bank account regularly. Yes, he may also need mortgage documents or Land Registry details to prove he owns the property . If he does not own it and is sub- letting, then he will need a certified statement from the owner, together with a copy of HIS lease , giving permission to sublet.
It appears he may have got himself in a bit of a pickle!
Oh, if the house has been split and rooms are rented to lodgers then it may well come under "house in multiple occupation" and quite strict rules apply , including a certificate from the local council. https://www.gov.uk/house-in-multiple-occupation-licence
He definitely needs a full 12months certified accounts which will , of course show any profit/loss.
In the final analysis, you have to provide whatever proof the Home Office requires.

Yep. If there is 3 or more people renting rooms in the 'split' part of the house, they share a bathroom or kitchen, and they don't form one family unit, then it's classed as an HMO. Depending on the local Council, these smaller HsMO may or may not require a licence to operate. Even if an HMO licence is not required, the landlord must comply with legislation regarding gas and electrical safety, fire safety and overcrowding. An annual gas safety inspection must be done by a licenced tradesperson and a certificate issued, this includes the installation of a CO alarm in any room that has a gas appliance.

If the property meets the conditions of a large HMO, then licencing is mandatory, as is a management plan and enhanced fire safety requirements such as exit plans, extinguisher equipment etc etc.

Sorry, running off at the mouth a bit here! I'm a landlord (although single residential lets, not HsMO) and the legislation for all private landlords is getting tougher and tougher, as are the penalties for non-compliance. Bloody good thing too, there are far too many tenants living in sub-standard accommodation in the UK. OP - I'm not talking about your partner's rental accommodation, just a general statement!

The mortgage or land registry document must be provided, so that the Home Office knows that your partner has the legal right to rent part of his property. If he has a mortgage on the property, the mortgage company would have needed to be informed also, I'm sure he's done that if applicable.

If he rents the property himself, then the written permission of his private or social housing landlord to sub-let is mandatory.

If he's claiming the single occupant discount on his Council tax, then the Council would have had to be informed that there were other people living in the property.

He would have also had to inform his property insurer, as it's very unlikely that his insurer would pay a claim if they hadn't been aware that he had tenants in the property.

In some circumstances a written tenancy agreement is not necessary, you can research that on the gov.uk website.

OP, this is just all for your information, I'm sure your partner has all the above covered and everything is above board. I'd just echo quiltman's advice - if the Home Office requests documented evidence, it must be provided. If you can't provide one or more documents because you don't have them, all you can do is explain as best you can why you don't have them. It would then be up to the case officer to determine whether you have provided sufficient evidence that you meet all the requirements, but please be aware that the financial requirements in particular are closely scrutinised. Best of luck.

SanDiegogirl Oct 13th 2017 4:15 pm

Re: Proving rentals as part of the visa
 

Originally Posted by Syria87 (Post 12359986)
He is using self employment combined with rentals but he doesn't have contracts and agreement,what are we supposed to do?
Thanx

If you don't have the documentation to prove that you have income based on rental property (tenancy agreements/contracts/bank statements/tax documents) then you cannot use that rental income.

Cash in hand income is not relevant.

az2014 Oct 13th 2017 5:04 pm

Re: Proving rentals as part of the visa
 

Originally Posted by spouse of scouse (Post 12360130)
I'm sure your partner has all the above covered and everything is above board.

:lol:

Tr1boy Oct 14th 2017 10:19 am

Re: Proving rentals as part of the visa
 

Originally Posted by Syria87 (Post 12359986)
He is using self employment combined with rentals but he doesn't have contracts and agreement,what are we supposed to do?
Thanx

Pay tax, like the rest of us.

scot47 Oct 14th 2017 11:32 am

Re: Proving rentals as part of the visa
 
Citizens and residents pay taxes. That is the way it is done ! If you are avoiding taxes do not expect any services from the State !

spouse of scouse Oct 14th 2017 11:56 am

Re: Proving rentals as part of the visa
 
We don't know that the OP's partner isn't doing the right thing, put the fangs away you guys!

Tr1boy Oct 14th 2017 12:01 pm

Re: Proving rentals as part of the visa
 

Originally Posted by spouse of scouse (Post 12360802)
We don't know that the OP's partner isn't doing the right thing, put the fangs away you guys!

I'm sick of paying all my taxes and watching thread after thread on here of how to get around the hoops that most of us had to jump through. This post screams scam. Ugandan, split a house, not declaring tax and no rental agreements. Seems happy enough to evade the system on that side then wants to know how to kick a goal without a penalty?

I'm happy to help anyone on here but the increasing amount of entitlement means I'm done because we seem to be happy to ignore the bleedin obvious in order 'not to offend'.

spare me that, please

spouse of scouse Oct 14th 2017 12:09 pm

Re: Proving rentals as part of the visa
 

Originally Posted by Tr1boy (Post 12360805)
I'm sick of paying all my taxes and watching thread after thread on here of how to get around the hoops that most of us had to jump through. This post screams scam. Ugandan, split a house, not declaring tax and no rental agreements. Seems happy enough to evade the system on that side then wants to know how to kick a goal without a penalty?

I'm happy to help anyone on here but the increasing amount of entitlement means I'm done because we seem to be happy to ignore the bleedin obvious in order 'not to offend'.

spare me that, please

Being Ugandan and splitting a house isn't a crime, heaps of lily white Brits do it too. In some circumstances there's no requirement at all for a tenancy agreement between landlords and lodgers. I don't have the knowledge of the OP's partner's tax affairs to comment on that one way or another.

My posts neither strive to offend nor strive to not offend.

quiltman Oct 14th 2017 1:08 pm

Re: Proving rentals as part of the visa
 

Originally Posted by Tr1boy (Post 12360805)
I'm sick of paying all my taxes and watching thread after thread on here of how to get around the hoops that most of us had to jump through. This post screams scam. Ugandan, split a house, not declaring tax and no rental agreements. Seems happy enough to evade the system on that side then wants to know how to kick a goal without a penalty?

I'm happy to help anyone on here but the increasing amount of entitlement means I'm done because we seem to be happy to ignore the bleedin obvious in order 'not to offend'.

spare me that, please

As SoS says, we don't know enough about the guy to make finite judgements even though we may have thoughts about what we infer from the info posted. That's why I phrased my reply as I did and SoS's extra info made no assumptions either. It's possible, due to the OPs non native English that we may have misunderstood the situation. Benefit of the doubt and all that! I have my opinion as to the guys position , but until shown otherwise I'll reserve judgement. Let's see if the OP comes back with more details...:fingerscrossed:

Syria87 Oct 14th 2017 6:05 pm

Re: Proving rentals as part of the visa
 
Thanks all for your replies and help actually people should know that this site was setup to help people,people like me about immigration,though some people,try to turn it into a battle friend,
My fiance pays all his taxes from all his self employment and rentals,and everything,,, his house is semi detached but the accountant has got now everything what the immigration solicitor needed,
Thanx lots the person who saw that this site can help us,,and also we were able to get a chartered accountant to certify his financial docs though it was abit expensive.

In future people who miss use this great site should watch out coz people like me we need it,not everyone is a scammer they have to know that


May God bless you,let's apply and see how it goes,
nansubuga sylivia


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