Visa and Tenancy expiring in very close succession

[M3rylStreep]

Hi all

My FLR(M) visa is due to expire in late April (22nd). It's our first renewal I'm actually in the middle of the online application - so far we meet all the requirements and I don't see any issues.

However, we've only just heard from our landlord that they're not renewing our tenancy (where we've lived for 3 years) and we'll have to move out by early April.

We're on the hunt for new accommodation and looking to progress with one property but all the estate agents I've spoken to (including our prospective new one) will require proof I've submitted my visa application as well as my passport. They've all advised to send my visa renewal first but I'm anxious these estate agents are just rushing me to send a visa application that's not as watertight as they could be so they have all the paperwork to complete the transaction.

My main concern is I don't know which to handle first - or whether to do both simultaneously. Plus just anxious the one might jeopardise the other. Any thoughts/advice are most welcome.

[seagul]

We're on the hunt for new accommodation and looking to progress with one property but all the estate agents I've spoken to (including our prospective new one) will require proof I've submitted my visa application as well as my passport. They've all advised to send my visa renewal first but I'm anxious these estate agents are just rushing me to send a visa application that's not as watertight as they could be so they have all the paperwork to complete the transaction.

My main concern is I don't know which to handle first - or whether to do both simultaneously. Plus just anxious the one might jeopardise the other. Any thoughts/advice are most welcome.

I think that's because of right of rent reasons. But you can take the home only in your own name and ask the landlord/estate agent to issue you the NOC letter by adding few words that upon getting the visa they will have no issue if your partner can stay there. By this way you can meet the visa requirement and they can comply with right of rent requirement.

[CR001]

However, we've only just heard from our landlord that they're not renewing our tenancy (where we've lived for 3 years) and we'll have to move out by early April.

This doesn't end a tenancy. Your landlord needs to give you a formal Notice to Quite or a Section 21 Notice. Hopefully your deposit is protected in one of the Government schemes and you have been provided with all the Prescribed Information for each tenancy you have held there.

[M3rylStreep]

I think that's because of right of rent reasons. But you can take the home only in your own name and ask the landlord/estate agent to issue you the NOC letter by adding few words that upon getting the visa they will have no issue if your partner can stay there. By this way you can meet the visa requirement and they can comply with right of rent requirement.

Thanks for the response - much appreciated.

The agency's refusing to rent the property just in my partner's name (he's the British citizen) and issue an NOC. They're insisting they'll have to do the right to rent checks for both of us. We could put an offer in, start the referencing procedure, then if/when our offer gets accepted, use the landlord's acceptance confirmation as proof of future accommodation - is that too risky?

We've had a long history of cohabitation (3 years together in our current property) and before so I may be overthinking this if the Immigration Officer's concern is previous cohabitation>

[M3rylStreep]

This doesn't end a tenancy. Your landlord needs to give you a formal Notice to Quite or a Section 21 Notice. Hopefully your deposit is protected in one of the Government schemes and you have been provided with all the Prescribed Information for each tenancy you have held there.

Hi CR001, thanks for the reply. I neglected to specify they have indeed issued a formal Section 21 Notice giving us notice of their reposession of the property (to carry out repairs - the heating is awful, among other things). Plus yes, deposit is in a Govt-approved TDS.

It's the application for the new tenancy that I'm worried may affect the FLR(M) renewal - vice versa.

[CR001]

I was just making the point that a Section 21 notice does not end a tenancy. Only the court can do that by issuing a possession order. You could even move out before a court date is set. Which takes a few weeks. This would simply allow you the time to get your visa sorted and approved etc.

[seagul]

However, we've only just heard from our landlord that they're not renewing our tenancy (where we've lived for 3 years) and we'll have to move out by early April.

This doesn't end a tenancy. Your landlord needs to give you a formal Notice to Quite or a Section 21 Notice. Hopefully your deposit is protected in one of the Government schemes and you have been provided with all the Prescribed Information for each tenancy you have held there.

Usually it need to be served alteast two months before the end of contract and 99.99% estate agencies write & serve it in timely quite very often in now a days.

[seagul]

I think that's because of right of rent reasons. But you can take the home only in your own name and ask the landlord/estate agent to issue you the NOC letter by adding few words that upon getting the visa they will have no issue if your partner can stay there. By this way you can meet the visa requirement and they can comply with right of rent requirement.

Thanks for the response - much appreciated.

The agency's refusing to rent the property just in my partner's name (he's the British citizen) and issue an NOC. They're insisting they'll have to do the right to rent checks for both of us. We could put an offer in, start the referencing procedure, then if/when our offer gets accepted, use the landlord's acceptance confirmation as proof of future accommodation - is that too risky?

We've had a long history of cohabitation (3 years together in our current property) and before so I may be overthinking this if the Immigration Officer's concern is previous cohabitation>

Unless referencing fails/credit history is bad of someone the estate agency just can't refuse to make tenancy with anyone. Before accepting any new place defenitely tell to your estate agent/landlord that what will you need from them in future because a lot ones don't assist at all. Also if you can which is least option to apply before you leave with existing proof of accomodation till the date of application then update them with new address or you redirect your old address to new through royal mail redirection.

[CR001]

However, we've only just heard from our landlord that they're not renewing our tenancy (where we've lived for 3 years) and we'll have to move out by early April.

This doesn't end a tenancy. Your landlord needs to give you a formal Notice to Quite or a Section 21 Notice. Hopefully your deposit is protected in one of the Government schemes and you have been provided with all the Prescribed Information for each tenancy you have held there.

Usually it need to be served alteast two months before the end of contract and 99.99% estate agencies write & serve it in timely quite very often in now a days.

Yes I know, it still doesn't need to be the end the tenancy though. Having done the landlord and tenant course a coupe of years ago (and experiencing section 21 myself when a landlord failed to meet various legal requirements in terms of the housing legisltaion), this is explicitly explained and contained in the housing act.

[seagul]

However, we've only just heard from our landlord that they're not renewing our tenancy (where we've lived for 3 years) and we'll have to move out by early April.

This doesn't end a tenancy. Your landlord needs to give you a formal Notice to Quite or a Section 21 Notice. Hopefully your deposit is protected in one of the Government schemes and you have been provided with all the Prescribed Information for each tenancy you have held there.

Usually it need to be served alteast two months before the end of contract and 99.99% estate agencies write & serve it in timely quite very often in now a days.

Yes I know, it still doesn't need to be the end the tenancy though. Having done the landlord and tenant course a coupe of years ago (and experiencing section 21 myself when a landlord failed to meet various legal requirements in terms of the housing legisltaion), this is explicitly explained and contained in the housing act.

It only be served when there is an assured shorthold tenancy agreement which is in most cases otherwise it won't be valid and tenants even can still stay there. But in OP cases in my view if coincidentally his old old tenancy agreement seeming impossible to renew while finding new place is also seeming difficult and visa is also going to expire then the best strategy might be to apply before leaving with the evidences till the date of application and then update HO with new address or use royal mail redirection service.