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Tenancy agreement

Posted: Mon Jul 14, 2014 11:25 am
by dazzle
My wife will be applying for ILR in December, but today we have encountered an issue with our tenancy agreement and wondered if it will cause a problem with the application.
We started a 6 month fixed term tenancy agreement back in January 2014, which comes to an end tomorrow.
We have agreed with the landlord that we continue on a rolling contract with 1 month notice to move out.
We have asked for a new contract to reflect this and we were told that the present contract automatically turns into a rolling contract at the end of the fixed term. However, it does not specifically state this in the agreement. The letting agent says that this is part of the Housing Act , so it doesn't need to be included a tenancy agreement.
They will not produce an agreement for a rolling contract. If I want another fixed term contract they will charge me £102 for the privilege! But we can't commit to another fixed term deal because of uncertainly over work relocation.
So, will the Home Office be clued up on the Housing Act? Will they accept this "expired" agreement as a rolling contract?
Thanks in advance for any advice

Re: Tenancy agreement

Posted: Mon Jul 14, 2014 12:53 pm
by nadeem toheed
dazzle wrote:My wife will be applying for ILR in December, but today we have encountered an issue with our tenancy agreement and wondered if it will cause a problem with the application.
We started a 6 month fixed term tenancy agreement back in January 2014, which comes to an end tomorrow.
We have agreed with the landlord that we continue on a rolling contract with 1 month notice to move out.
We have asked for a new contract to reflect this and we were told that the present contract automatically turns into a rolling contract at the end of the fixed term. However, it does not specifically state this in the agreement. The letting agent says that this is part of the Housing Act , so it doesn't need to be included a tenancy agreement.
They will not produce an agreement for a rolling contract. If I want another fixed term contract they will charge me £102 for the privilege! But we can't commit to another fixed term deal because of uncertainly over work relocation.
So, will the Home Office be clued up on the Housing Act? Will they accept this "expired" agreement as a rolling contract?
Thanks in advance for any advice
Hi Dazzle,
I was in same situation and my contract was expired couple of months back so my new landlord didn't renew it and says the same words what you mentioned
I just attached last tenancy (Expired) with my wife SET(m) application and i got ILR, so you don't need to be worry as Home office understand these things
Nadeem

Re: Tenancy agreement

Posted: Mon Jul 14, 2014 7:45 pm
by dazzle
Thanks that's reassuring.
In fact I've seen from other threads that a tenancy agreement isn't even a requirement in itself, as long as there is other proof of address.