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Question on Accommodation Requirements

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geoeng
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Re: Question on Accommodation Requirements

Post by geoeng » Mon Oct 07, 2019 10:06 am

Others here are more knowledgeable on NOC letters than I. Since your partner is searching for flats rather than you joining him in a current one, you may be better off just asking to be included on the tenancy agreement, if possible, as I don't think you'd need an NOC letter in that case.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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CR001
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Re: Question on Accommodation Requirements

Post by CR001 » Mon Oct 07, 2019 10:35 am

geoeng wrote:
Mon Oct 07, 2019 10:06 am
Others here are more knowledgeable on NOC letters than I. Since your partner is searching for flats rather than you joining him in a current one, you may be better off just asking to be included on the tenancy agreement, if possible, as I don't think you'd need an NOC letter in that case.
Not possible if the OP is out of the UK and doesn't have a valid visa as landlords are required to see evidence of the right to reside.
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geoeng
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Re: Question on Accommodation Requirements

Post by geoeng » Mon Oct 07, 2019 11:01 am

True, forgot about that bit.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Question on Accommodation Requirements

Post by seagul » Mon Oct 07, 2019 2:57 pm

Elle268 wrote:
Mon Oct 07, 2019 9:59 am
Hello

My partner is currently in the process of searching for flats, so we can meet the accommodation requirement for the spouse visa application and have ready for us to live in together for when/if the application is processed.

I understand the application requires us to provide the tenancy agreement and a NOC.

A few questions:

1) Before he proceeds with securing anything, I am keen he agrees the NOC with the letting/estate agent. I have read on some of the other threads in a few instances that this was agreed to and then later down the track they didn’t make good. Is it possible to have the NOC prepared and ready to go when the tenancy agreement is signed? Does it have to be dated within 28 days of the application? Our application won’t be submitted for another few months.

2) Can the letting/estate agent sign the NOC? Acting on behalf of the landlord? Or do they need to get permission from the landlord first, in which case the landlord should sign the NOC anyway? Letting/Estate Agent and Landlord seem to be used interchangeably on these forums, but the guidance seems to refer to ‘landlord’ only?

I would appreciate your help. Thank You.
1. NOC letter must have been issued within 28 days before the submission of application. Don't secure such tenancy where you won't get that as many landlord/estate agency reluctant to issue that.

2. If estate agent is acting on behalf of landlord/owner then estate agent need to sign it.

Also if you have any relative/close friend who has at least a spare double room and is ready to give necessary documents then it may work more easily.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Elle268
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Re: Question on Accommodation Requirements

Post by Elle268 » Tue Oct 08, 2019 10:15 am

Thanks Seagul!

Where does it say in the guidance that the estate agent can complete the NOC on behalf of the landlord? Or is this accepted practice?

Has anyone ever come across a situation where the Estate Agent has forwarded the request for an NOC to the landlord? I suppose this suggests the Estate Agent isn’t familiar with the NOC requirement and if the landlord agrees to it then everything should be okay? Any thoughts?

Once the visa has been processed, would I be required to add my name to the tenancy agreement? Or since the NOC is in place I wouldn’t need to?

And finally, how long should a tenancy agreement be for? Would a rolling contract be acceptable for the visa application?

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CR001
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Re: Question on Accommodation Requirements

Post by CR001 » Tue Oct 08, 2019 10:19 am

Has anyone ever come across a situation where the Estate Agent has forwarded the request for an NOC to the landlord? I suppose this suggests the Estate Agent isn’t familiar with the NOC requirement and if the landlord agrees to it then everything should be okay? Any thoughts?
It wholly depends on what type of arrangement the agent has with the Landlord, i.e. full managed property or letting/vetting only.
Once the visa has been processed, would I be required to add my name to the tenancy agreement? Or since the NOC is in place I wouldn’t need to?
No requirement to add your name once a tenancy agreement is signed and active.
And finally, how long should a tenancy agreement be for? Would a rolling contract be acceptable for the visa application?
Initial Shorthold Tenancy Agreement is usually for a fixed term, i.e. 6 months or 12 months. They are never 'rolling contract' from the start.
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Elle268
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Re: Question on Accommodation Requirements

Post by Elle268 » Tue Oct 08, 2019 11:23 am

Thank you CR001.

Another question – if a friend or relative rents and has a spare double bedroom (or living room?) in their property available for us, what documents would we need to provide for the visa application? Would it be their tenancy agreement and the NOC signed by their landlord?

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Re: Question on Accommodation Requirements

Post by seagul » Tue Oct 08, 2019 3:37 pm

Elle268 wrote:
Tue Oct 08, 2019 11:23 am
Thank you CR001.

Another question – if a friend or relative rents and has a spare double bedroom (or living room?) in their property available for us, what documents would we need to provide for the visa application? Would it be their tenancy agreement and the NOC signed by their landlord?
Your friend can't sublet his house to anyone without the landlord permission. You will still need the landlord's permission like noc letter and then either he get amended his existing tenancy agreement by adding your name on it as well or you agree separately with that landlord.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Question on Accommodation Requirements

Post by Elle268 » Wed Oct 09, 2019 10:01 am

Thanks for your reply, Seagul.

May I confirm that a studio apartment would be an acceptable accommodation?

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Re: Question on Accommodation Requirements

Post by seagul » Wed Oct 09, 2019 12:37 pm

Elle268 wrote:
Wed Oct 09, 2019 10:01 am
Thanks for your reply, Seagul.

May I confirm that a studio apartment would be an acceptable accommodation?
Yes
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Re: Question on Accommodation Requirements

Post by Elle268 » Mon Oct 14, 2019 1:58 pm

Hello, me again.

I have a few questions on MAA12 Overcrowding and am confused with:

“The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.
Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom.”

The flat will only be for my partner and me. What would happen if the only bedroom is less than 50 square feet? Based on the above sentence, it appears we can meet the number of people allowed for the given number of rooms (ie 1 room = 2 people) since it appears to say “number of people allowed for a given number of rooms OR a given room floor area”. But where does the 50 square feet come into effect then? Does this mean even if the maximum number of persons rule is met, but the space is less than 50 square feet, it is considered overcrowded?

Also, would a living room which includes a k-itchen be considered a “room” for Home Office purposes? How would this change the above if the bedroom was less than 50 square feet?

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Re: Question on Accommodation Requirements

Post by seagul » Mon Oct 14, 2019 6:25 pm

Elle268 wrote:
Mon Oct 14, 2019 1:58 pm
would this change the above if the bedroom was less than 50 square feet?
It will not be counted
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Elle268
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Re: Question on Accommodation Requirements

Post by Elle268 » Tue Oct 15, 2019 11:56 am

Sorry if it sounds like I’m repeating the same questions, I’m still as confused as ever reading all the accommodation requirements.

Looking at the Housing Act 1985 for Overcrowding:
324Definition of overcrowding.
A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene—
(a)the standard specified in section 325 (the room standard), or
(b)the standard specified in section 326 (the space standard).

I’ve been reading and re-reading and cannot understand if it means if any one of the sections (either 325 or 326) are contravened, then the dwelling is overcrowded?

Furthermore, with regards to the space standard:
1) What if a living room and dining room are combined? Could this be counted as a ‘room’?
2) What if the living room and k-itchen are open plan? Could this be counted as a ‘room’?
3) Many places seem to have walk throughs to the living room, so if there are no doors, does this mean it cannot be classed as a ‘room’?
4) Is the below a correct interpretation of the space standard?
- If one bedroom is 50 sqft exactly, 0.5 of a person is counted and
- If the living room is 70 sq. ft. or more but less than 90 sq. ft., 1 person is counted
So in total only 1.5 persons can live in that dwelling?
5) In the case of a studio – would this need to be at least 110sqft to be adequate for a couple?
6) In the case of a share house where the bedroom is likely the only space the couple will have, and may be less than 110sqft – how do the above rules apply?
7) Does the home office inspect the premises as part of the application?

Surely most visa applicants are restricted by budget and what they can rent, so how can they afford to be choosy about space and ensure they meet the above rules? I’m really confused how this all works, especially the space standard and would really appreciate some clarification.

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Re: Question on Accommodation Requirements

Post by seagul » Tue Oct 15, 2019 1:55 pm

You are over thinking. A studio flat will be suffice
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Re: Question on Accommodation Requirements

Post by chickpea » Wed Oct 16, 2019 10:05 pm

Elle268 wrote:
Tue Oct 08, 2019 11:23 am
Thank you CR001.

Another question – if a friend or relative rents and has a spare double bedroom (or living room?) in their property available for us, what documents would we need to provide for the visa application? Would it be their tenancy agreement and the NOC signed by their landlord?
We applied for the initial spouse visa planning to live in a small property owned by my husband's mother and stepfather. It was an unusual place as it was a holiday cottage. If you do something similar feel free to DM me and I will explain all the documents we provided. It *was* tricky and it very briefly held up the application.

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Re: Question on Accommodation Requirements

Post by Casa » Thu Oct 17, 2019 7:01 am

chickpea wrote:
Wed Oct 16, 2019 10:05 pm
Elle268 wrote:
Tue Oct 08, 2019 11:23 am
Thank you CR001.

Another question – if a friend or relative rents and has a spare double bedroom (or living room?) in their property available for us, what documents would we need to provide for the visa application? Would it be their tenancy agreement and the NOC signed by their landlord?
We applied for the initial spouse visa planning to live in a small property owned by my husband's mother and stepfather. It was an unusual place as it was a holiday cottage. If you do something similar feel free to DM me and I will explain all the documents we provided. It *was* tricky and it very briefly held up the application.
The OP hasn't made sufficient posts to have access to the PM facility.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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