Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator
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Pieman
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by Pieman » Thu Aug 11, 2022 12:37 am
Hello,
Can anyone please guide me as I am badly stuck:
"My landlord has refused to change the tenancy agreement. The tenancy agreement still mentions 'Maximum number of permitted occupiers-3'.
But the property is deemed to be suitable for a family of 4 members, as per the property inspection report.
Can my family of 4 still apply using the unchanged tenancy agreement that mentions 'Maximum number of permitted occupiers-3', on the grounds that the tenancy agreement is 'too restrictive' under the law."
Please advise.
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AmazonianX
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by AmazonianX » Thu Aug 11, 2022 4:15 am
It is a requirement to have suitable accommodation available for the family member(s) you are sponsoring and it will appear the property inspection report helps in achieving this. However, there is what called the NOC No objection certificate or letter from landlord or property agent and with your tenancy agreement stating 3 persons and not ready to change the TA.
Can you request for and obtain No Objection Certificate or Letter from the landlord?
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Pieman
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by Pieman » Fri Aug 12, 2022 2:16 am
Many thanks AmazonianX for the timely response.
As the landlord has not agreed to change the Tenancy Agreement, he will not give an NOC either. He does not want more than 3 persons to stay in this property.
But the property inspection report deems this property to be suitable for 4 persons.
Please advice.
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vinny
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by vinny » Fri Aug 12, 2022 3:22 am
I think it’s within a landlord’s rights to set a reasonable maximum limit for the number of people in his/her property, within (i.e. not exceeding) the
overcrowding limits. You appear to have breached the tenancy agreement by having more people in the property than the agreement allows.
If the landlord refuses, then look for a different property?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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Pieman
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by Pieman » Thu Aug 18, 2022 10:31 pm
Hello Vinny,
Many thanks for your point of view.
After much hassle, the estate agent has finally given the letter of consent to allow 4 members. This letter has the names of all the 4 family members.
But there are two issues:
1- The letter of consent allowing 4 members is given separately on the estate agent’s letter head. But the original Tenancy Agreement still has the clause that 'Maximum number of permitted occupiers-3'.
Is this acceptable?
2- The Tenancy Agreement also has the following wordings:
Break clause: It is agreed that after an initial period of 4 months, a 2 months’ notice can be served by either party to terminate this agreement.
Will this clause create any issues?
Awaiting your valuable feedback.
Regards.
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vinny
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by vinny » Fri Aug 19, 2022 1:16 am
1. I think if a valid letter of consent is dated after the date of the lease agreement, then it
changes the terms of the lease agreement.
2. Break clauses are
normal.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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AmazonianX
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by AmazonianX » Fri Aug 19, 2022 4:10 am
Pieman wrote: ↑Thu Aug 18, 2022 10:31 pm
Hello Vinny,
Many thanks for your point of view.
After much hassle, the estate agent has finally given the letter of consent to allow 4 members. This letter has the names of all the 4 family members.
But there are two issues:
1- The letter of consent allowing 4 members is given separately on the estate agent’s letter head. But the original Tenancy Agreement still has the clause that 'Maximum number of permitted occupiers-3'.
Is this acceptable?
2- The Tenancy Agreement also has the following wordings:
Break clause: It is agreed that after an initial period of 4 months, a 2 months’ notice can be served by either party to terminate this agreement.
Will this clause create any issues?
Awaiting your valuable feedback.
Regards.
There won't be any issues with the application arising from the 2 you stated above.
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Pieman
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by Pieman » Sat Aug 20, 2022 12:35 am
Many thanks Vinny and AmazonianX for your invaluable advice.
Bless you all lovely people
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Pieman
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by Pieman » Sat Sep 10, 2022 12:26 am
Hello,
My 20 year old son has been offered to study in college for BTEC level 3 National Foundation Diploma.
This is a one year full time study.
He has not been charged any fees saying that this study is government funded.
But his visa states "No recourse to Public Funds".
Will studying without paying fees be a violation of visa conditions?
He is on a dependant visa and I am a British Citizen. His visa gets renewed every 2.5 years.
Please advise.
Thanks.
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Pieman
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by Pieman » Sat Nov 05, 2022 2:20 am
Hello,
Does having a 'Blue Badge' violates 'No Recourse to Public Funds' condition.
Thanks in advance.
Pieman
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CR001
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by CR001 » Sat Nov 05, 2022 6:06 am
Pieman wrote: ↑Sat Nov 05, 2022 2:20 am
Hello,
Does having a 'Blue Badge' violates 'No Recourse to Public Funds' condition.
Thanks in advance.
Pieman
NO!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
