NOC and right to rent conflicting laws

[sajan patel]

Hi all,

i was hoping someone might be able to shed some light on this matter. since february 2016 a new law was introduced "right to rent" which stating that landlords/letting agents must carry out immigration checks prior to any tenant being put onto the tenancy agreement and residing in the property. The problem is the is law conflicts with the NOC No objection certificate/letter that you would require on a spouse visa application as evidence of permission to reside in the accommodation.

the letting agent from whom im trying to rent a property isnt aware of the NOC and says this conflicts with the right to rent law. This whole thing is pushing me to my utter limits! 4 years ive been battling with all this, Anyway if anyone could help i'd appreciate it. Im guessing that the letter may have to state to the affect of.

i have no objection to Mrs -------- joining Mr------- who is a current tenant at ------- under the provision she has been referenced check and all documents are in order..

someting like that. but im wondering if that would count against us in the application. i'm not sure how to get intouch with the ECO to clarify this is correct.

[CR001]

Where does it state that a NOC is mandatory to submit??

[sajan patel]

Where does it state that a NOC is mandatory to submit??

This is what i was hoping someone could confirm... i don't believe it is mandatory, but im guessing it would strengthen the accommodation aspect of the application.

[CR001]

If you have a tenancy agreement, for a 1 bed flat for example, this should be sufficient.

[sajan patel]

No a tenancy agreement isnt enough to satisfy the ECO.

MAA11 Adequacy of accommodation
The ECO’s judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

There needs to be evidence that the applicant can live in the property , as he/she would not be allowed to be put on a tenacy agreement prior to being referenced.

[sajan patel]

If you have a tenancy agreement, for a 1 bed flat for example, this should be sufficient.

Details of the accommodation that you
and your sponsor intend to live in and
permission for you to stay there along
with evidence of any other occupants
This could include:
 Land Registry documents
 mortgage statements
 rent book or tenancy agreement
 council tax statements
 property inspection report
 utilities bills
 accommodation details with a supporting letter from the occupant/ landlord
confirming that you are able to stay there

[CR001]

If you have a tenancy agreement, for a 1 bed flat for example, this should be sufficient.

Details of the accommodation that you
and your sponsor intend to live in and
permission for you to stay there along
with evidence of any other occupants
This could include:
 Land Registry documents
 mortgage statements
 rent book or tenancy agreement
 council tax statements
 property inspection report
 utilities bills
 accommodation details with a supporting letter from the occupant/ landlord
confirming that you are able to stay there

Note the 'could' and not 'must'. Tenancy agreement and council tax/utility bill should be sufficient. Many people do not submit an NOC.

[sajan patel]

I see... but what about the below?

MAA11 Adequacy of accommodation
The ECO’s judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

There needs to be evidence that the applicant can live in the property , as he/she would not be allowed to be put on a tenacy agreement prior to being referenced.

[CR001]

I see... but what about the below?

MAA11 Adequacy of accommodation
The ECO’s judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

There needs to be evidence that the applicant can live in the property , as he/she would not be allowed to be put on a tenacy agreement prior to being referenced.

Please note the 'if'. If you get a letter as stated and want to submit it then submit it but is not a mandatory document.

[sajan patel]

Ok thanks for your help, i do appreciate your input. You know working 60 hours a week and trying to deal with one thing or another for such a long period as totally destroyed my health and my ability to process information. So most probably im looking into it too much.