Tenancy agreement - just in my name?

Me - UK citizen, finance - South African

My finance is here on WHV and she will return to SA in December where we will get married and apply for the spouse's visa. Currently we stay with my friend (i pay rent). I don't have a tenancy agreement as my friend doesn't require one (he trusts me to pay rent every month). I am going to have 2 lodger agreements drawn up. One to cover the last year in mine and my fiance's names (as further evidence that we are in a relationship) and another to cover the future (to show we will have suitable accommodation).

As my fiance is currently here and living with me, should we make this new agreement in both our names or just mine with a letter from landlord to say it is fine for her to stay here? Would it be too presumptious to have the tenancy agreement in both our names as she obviously has no guarantee that she will get the visa after we are married?

Hope this makes sense.

Its only a recommendation...plz read below...i hope it helps.

1) You the sponser ideally should have ur own tenancy agreement under ur name or if morgatge house then ur morgage papers.

2) You should be able to support ur wife financially. So i hope u have a job.

These two criteria's are the biggest concern with UKBA...if u can prove them well...then there is no problem.

try not to make ur application complicated...keep things simple.

PEACE!

D_W

I know someone who has recently being refused because she was sharing a flat with her friend. Also the tenancy agreement had only 3 months left before it expired.

The reason given for the refusal was that the ECO was not satisfied that sharing a flat with a friend or lodger was sustainable after the applicant arrived in the UK to join his spouse. Furthermore he was not satisfied that the flat would be available after the expiry of the present tenancy agreement .

I therefore advised her to get accommodation which would be exclusive to her and her spouse only rather than sharing with a friend. Advised her to get a 12 months tenancy agreement instead of the 6 months one.

It does not really matter whether the TA is just in your name or joint name. What is is important to show is that you have accommodation that is going to be available rather than it being prospective.

Hope this helps

I know someone who has recently being refused because she was sharing a flat with her friend. Also the tenancy agreement had only 3 months left before it expired.

The reason given for the refusal was that the ECO was not satisfied that sharing a flat with a friend or lodger was sustainable after the applicant arrived in the UK to join his spouse. Furthermore he was not satisfied that the flat would be available after the expiry of the present tenancy agreement .

I therefore advised her to get accommodation which would be exclusive to her and her spouse only rather than sharing with a friend. Advised her to get a 12 months tenancy agreement instead of the 6 months one.

It does not really matter whether the TA is just in your name or joint name. What is is important to show is that you have accommodation that is going to be available rather than it being prospective.

Batley Khan....my hubby also has a 12 month Tenenacy agreement. It will finish on 7th Nov 09. I applied in 5th May 09. Of course my hubby will re-new it for another year when it expires. But because of the sevear delay in the visa processing, do u think my application will be rejected also?

D_W

[quote\]

Batley Khan....my hubby also has a 12 month Tenenacy agreement. It will finish on 7th Nov 09. I applied in 5th May 09. Of course my hubby will re-new it for another year when it expires. But because of the sevear delay in the visa processing, do u think my application will be rejected also?

D_W[/quote]

I would strongly recommend that you take advice from Mr Khan on this matter. He is right in saying that ECO might refuse you on just the basis that you are sharing accomodation with your friend.

According to immigration rules there is no problem if u share and have exclusive room to yourself as per housing Act... But would request you take Mr Khan's advice as ECO don't really like to see Accomodation being shared..

D_W I would recommend that if the Tenancy Agreement mentions it's RENEWABLE that should be fine..

I take your point but i really don't see how they could refuse me on this basis. For one i will have a tenancy agreement with at least a year left on it. Secondly i live in a three bedroom house - not a flat.

Whilst i understand that an ECO can basically do what they want, i doubt they would refuse on this one slight point of weakness. They maybe would if the application was also weak in other areas.

Besides i've been living in this accommodation for the last five years and my fiance has been living here with me for nearly two. My rent is £350 p/m all in (bills, council tax - everything). I feel i would hurt my application more by moving (as this would seriously dent my finances - more monthly outgoings, deposit etc.) than by staying where i am.

It is not against the immigration rules to share a house and there is far more anecdotal evidence on here of people being accepted on this basis than there is of being refused.

Me - UK citizen, finance - South African

My finance is here on WHV and she will return to SA in December where we will get married and apply for the spouse's visa. Currently we stay with my friend (i pay rent). I don't have a tenancy agreement as my friend doesn't require one (he trusts me to pay rent every month). I am going to have 2 lodger agreements drawn up. One to cover the last year in mine and my fiance's names (as further evidence that we are in a relationship) and another to cover the future (to show we will have suitable accommodation).

As my fiance is currently here and living with me, should we make this new agreement in both our names or just mine with a letter from landlord to say it is fine for her to stay here? Would it be too presumptious to have the tenancy agreement in both our names as she obviously has no guarantee that she will get the visa after we are married?

Hope this makes sense.

I take your point but i really don't see how they could refuse me on this basis. For one i will have a tenancy agreement with at least a year left on it. Secondly i live in a three bedroom house - not a flat.

Whilst i understand that an ECO can basically do what they want, i doubt they would refuse on this one slight point of weakness. They maybe would if the application was also weak in other areas.

Besides i've been living in this accommodation for the last five years and my fiance has been living here with me for nearly two. My rent is £350 p/m all in (bills, council tax - everything). I feel i would hurt my application more by moving (as this would seriously dent my finances - more monthly outgoings, deposit etc.) than by staying where i am.

It is not against the immigration rules to share a house and there is far more anecdotal evidence on here of people being accepted on this basis than there is of being refused.

Junai

I am somewhat confused by your comments. You appear to contradict yourself. In your first post you say you live with friends and pay rent, but you don't have a tenancy agreement, whilst in your second post you say you have one and is longer than 12 months.

Also what is this lodgers agreement you are going to draw up.You do realize that this is not a legal document. The only legal documents is an "Assured Shorthold Tenancy Agreement".THE ECO rules clearly asks for this document as evidence if you don't own you property

Furthermore living and sharing with friends whilst you are single is fine and is generally accepted in society, however if and when you get married and are still living with friends even though you may be paying for it, I am afraid peoples( including friends) perception changes.

What the ECO will have to consider is whether your friendship with your friends is going to last when your circumstances changes( meaning you get married and your wife moves in with you in his house).

If the ECO thinks so, then I am afraid he will refuse you on the grounds that you have not convinced him that you have adequate accommodation to accommodate your wife which is available.

However if you were to draw up a proper tenancy agreement with your friend(come landlord) and that you have adequate accommodation which is for the exclusive use for you and your wife, then then circumstances change and I doubt it whether they would refuse your wife's application that easily

Hi! Junai,
I understand what you had to say... What can we do is to advice other members of the forum so that they don't go to the trouble of getting refused.

Well in my case everything was in perfect order with all the documents... still I got refused and the only reason was "My wife was sharing accommodation with friend".

Whereas finances are concerned we had shown £13500 savings...

Mr. Khan and some senior members of the forum are very helpful and trust me even the best of solicitor's won't be as good as they are...

Best of luck for your application

batleykhan wrote:

Junai

I am somewhat confused by your comments. You appear to contradict yourself. In your first post you say you live with friends and pay rent, but you don't have a tenancy agreement, whilst in your second post you say you have one and is longer than 12 months.

Also what is this lodgers agreement you are going to draw up.You do realize that this is not a legal document. The only legal documents is an "Assured Shorthold Tenancy Agreement".THE ECO rules clearly asks for this document as evidence if you don't own you property

Furthermore living and sharing with friends whilst you are single is fine and is generally accepted in society, however if and when you get married and are still living with friends even though you may be paying for it, I am afraid peoples( including friends) perception changes.

What the ECO will have to consider is whether your friendship with your friends is going to last when your circumstances changes( meaning you get married and your wife moves in with you in his house).

If the ECO thinks so, then I am afraid he will refuse you on the grounds that you have not convinced him that you have adequate accommodation to accommodate your wife which is available.

However if you were to draw up a proper tenancy agreement with your friend(come landlord) and that you have adequate accommodation which is for the exclusive use for you and your wife, then then circumstances change and I doubt it whether they would refuse your wife's application that easily

I currently don't have a tenancy agreement. I said i WILL have one - my landlord/friend and I will simply create one.

A lodger agreement is a type of tenancy agreement and is as legally a binding document as any other tenancy agreement (in so far as any tenancy contract is, as i will go on to explain later). It is the the correct contract to use if the landlord also lives in the property (which is the case). An "Assured Shorthold Tenancy Agreement" is used when the landlord doesn't live in the property. It is no more legally binding than a lodger agreement and it would not be appropriate to use this document where the landlord also occupies the property. In fact for a term of less than three years you don't even have a legal right to a written tenancy agreement (of any kind). The law protects your basic rights even if you have no written contract but merely an oral agreement. If you do get a written contract which is signed by bother parties then this is legally binding - it doesn't matter what type of contract it is - it could just say "you will pay XXX a month". There is not one type of tenancy agreement that is more legally binding than another - they simply cover different circumstances.

I can't find anywhere where it states that the only document an ECO will accept is an "Assured Shorthold Tenancy Agreement". If you have a link to this could you kindly supply it?

My wife to be has been living with my friend and i for the last two years - so my circumstances wont have changed when we are married.

I suppose i could have an assured shorthold tenancy agreement drawn up but wont this look a little suspcious as it will look like i'm paying £350 p/m (all in) for a three bedroom house? The only other way i can see of doing it is for the agreement to state that i am renting just one room, implying that other rooms are also rented out in the house. I fail to see how this is preferable to the truth as far as an ECO is concerned.

So, now i'm totally confused and don't know what to do. I really didn't think this would be an issue at all. It's no different from, say, living with parents. In fact it is better from a legal standpoint as the law offers me certain protection as a lodger whereas your parents can simple throw you out if they so choose.

So, now i'm totally confused and don't know what to do. I really didn't think this would be an issue at all.

Do what ever you think is best mate. Good luck to you.

junai wrote:

batleykhan wrote:

Junai

I am somewhat confused by your comments. You appear to contradict yourself. In your first post you say you live with friends and pay rent, but you don't have a tenancy agreement, whilst in your second post you say you have one and is longer than 12 months.

Also what is this lodgers agreement you are going to draw up.You do realize that this is not a legal document. The only legal documents is an "Assured Shorthold Tenancy Agreement".THE ECO rules clearly asks for this document as evidence if you don't own you property

Furthermore living and sharing with friends whilst you are single is fine and is generally accepted in society, however if and when you get married and are still living with friends even though you may be paying for it, I am afraid peoples( including friends) perception changes.

What the ECO will have to consider is whether your friendship with your friends is going to last when your circumstances changes( meaning you get married and your wife moves in with you in his house).

If the ECO thinks so, then I am afraid he will refuse you on the grounds that you have not convinced him that you have adequate accommodation to accommodate your wife which is available.

However if you were to draw up a proper tenancy agreement with your friend(come landlord) and that you have adequate accommodation which is for the exclusive use for you and your wife, then then circumstances change and I doubt it whether they would refuse your wife's application that easily

I currently don't have a tenancy agreement. I said i WILL have one - my landlord/friend and I will simply create one.

A lodger agreement is a type of tenancy agreement and is as legally a binding document as any other tenancy agreement (in so far as any tenancy contract is, as i will go on to explain later). It is the the correct contract to use if the landlord also lives in the property (which is the case). An "Assured Shorthold Tenancy Agreement" is used when the landlord doesn't live in the property. It is no more legally binding than a lodger agreement and it would not be appropriate to use this document where the landlord also occupies the property. In fact for a term of less than three years you don't even have a legal right to a written tenancy agreement (of any kind). The law protects your basic rights even if you have no written contract but merely an oral agreement. If you do get a written contract which is signed by bother parties then this is legally binding - it doesn't matter what type of contract it is - it could just say "you will pay XXX a month". There is not one type of tenancy agreement that is more legally binding than another - they simply cover different circumstances.

I can't find anywhere where it states that the only document an ECO will accept is an "Assured Shorthold Tenancy Agreement". If you have a link to this could you kindly supply it?

My wife to be has been living with my friend and i for the last two years - so my circumstances wont have changed when we are married.

I suppose i could have an assured shorthold tenancy agreement drawn up but wont this look a little suspcious as it will look like i'm paying £350 p/m (all in) for a three bedroom house? The only other way i can see of doing it is for the agreement to state that i am renting just one room, implying that other rooms are also rented out in the house. I fail to see how this is preferable to the truth as far as an ECO is concerned.

So, now i'm totally confused and don't know what to do. I really didn't think this would be an issue at all. It's no different from, say, living with parents. In fact it is better from a legal standpoint as the law offers me certain protection as a lodger whereas your parents can simple throw you out if they so choose.

What has tenency agreements got to do with EEA applications? All you need is proof of address!

I'm not applying for EEA - please read the post before making irrelevant comments.

junai wrote:I'm not applying for EEA - please read the post before making irrelevant comments.

I find your comment immature! I thought you came on board to learn some thing that would help you???? If that's the case, learn when to use which word & where to use it.Your emotions won't work on this board.

DFDS. wrote:

junai wrote:I'm not applying for EEA - please read the post before making irrelevant comments.

I find your comment immature! I thought you came on board to learn some thing that would help you???? If that's the case, learn when to use which word & where to use it.Your emotions won't work on this board.

Well i'm sorry you found my post 'immature' i found yours a waste of my time. I came on the board to learn about SPOUSE'S VISAS (as you would have realised if you had bothered to read my original post) not EEA applications, which are a completely different category of visa. How is your post, which has nothing to do with a spouse's visa going to help me in anyway? In fact, if i knew less about UK visas than i do, your post might actually serve to misinform me. I suggest you learn which word to use and where to use it (not that EEA is a word anyway). This has nothing to do with 'emotions' and everything to do with you writing posts without having read the original topic.