ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

shared 1 bedroom council flat accomodation

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
ahmed kichaa
Newly Registered
Posts: 8
Joined: Mon Oct 17, 2016 3:55 pm

shared 1 bedroom council flat accomodation

Post by ahmed kichaa » Mon Oct 17, 2016 4:19 pm

Hi

I currently live in a 1 double bedroom council flat with a female friend who is a secured tenant and her name appears on the tenancy agreement (legally hers). I am also registered to be living there and my name appears on the Council tax statement and housing are aware that i live there. all my bills with my name on it comes through that address.
I am now married and want to bring my wife over and come live with me in the same flat with my friend.
below are the documents i have so far, do i need any more/change anything or should I consider another option

1: Tenancy Agreement with my friend's name on it
2: Council Tax statement with my friend's and MY name on it
3: Letter from friend consenting me and my wife can live there with her
4: I will be applying for a property inspection report close to application date

my concern is will i be needing any more documents/evidence to support the application such as letter from council permissing my wife to live in flat (wouldn't that be the property inspectors job?)

thank you

User avatar
CR001
Moderator
Posts: 88115
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: shared 1 bedroom council flat accomodation

Post by CR001 » Mon Oct 17, 2016 4:56 pm

I doubt a 1 bedroom flat will pass the 'adequate accommodation' test and be considered overcrowded.

http://www.immigrationboards.com/immigr ... t6227.html
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.

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: shared 1 bedroom council flat accomodation

Post by Casa » Mon Oct 17, 2016 4:59 pm

CR001 wrote:I doubt a 1 bedroom flat will pass the 'adequate accommodation' test and be considered overcrowded.

http://www.immigrationboards.com/immigr ... t6227.html
I agree. Also extremely doubtful that the Council would give permission for another occupant.
(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.

ahmed kichaa
Newly Registered
Posts: 8
Joined: Mon Oct 17, 2016 3:55 pm

Re: shared 1 bedroom council flat accomodation

Post by ahmed kichaa » Tue Oct 18, 2016 11:35 am

Thank you both for your replies.

However i thought a bedroom and a living room are considered 2 different rooms thus permitting 3 persons to live in property.

Please correct me if im wrong.

Thanks

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: shared 1 bedroom council flat accomodation

Post by Casa » Tue Oct 18, 2016 11:50 am

Space overcrowding - Floor area
The minimum floor area considered enough for your family is:

50 - 69 square feet (4.6 - 6.5 square metres) for 0.5 people
70 - 89 square feet (6.5 - 8.4 square metres) for 1 person
90 - 109 square feet (8.4 -10 square metres) for 1.5 people
110 square feet (10.2 square metres) for 2 people


I suspect that the Council assumed you are a couple, sharing a bedroom when they gave permission for you to live in the property with the official tenant :?:

In addition to the property inspection report you will need more than a letter from your friend. As the landlords, the Council will have to provide a letter agreeing to your wife living in the property.
(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.

Petaltop
Senior Member
Posts: 673
Joined: Mon Jan 13, 2014 12:42 pm

Re: shared 1 bedroom council flat accomodation

Post by Petaltop » Tue Oct 18, 2016 12:08 pm

Casa wrote: I suspect that the Council assumed you are a couple, sharing a bedroom when they gave permission for you to live in the property with the official tenant :?:
I agree. They would only have given permission to the spouse or unmarried partner of their tenenat.
Last edited by Petaltop on Tue Oct 18, 2016 12:11 pm, edited 2 times in total.

ahmed kichaa
Newly Registered
Posts: 8
Joined: Mon Oct 17, 2016 3:55 pm

Re: shared 1 bedroom council flat accomodation

Post by ahmed kichaa » Tue Oct 18, 2016 12:10 pm

I really appreciate your replies
So a reception room of 148 sq ft and a bedroom of 131 sq ft is not sufficient. Cant the owner use the reception room and me and wife use the bedroom or vice versa. even if its for a temporary basis until i get another flat.

thank you once again

Petaltop
Senior Member
Posts: 673
Joined: Mon Jan 13, 2014 12:42 pm

Re: shared 1 bedroom council flat accomodation

Post by Petaltop » Tue Oct 18, 2016 12:12 pm

ahmed kichaa wrote:I really appreciate your replies
So a reception room of 148 sq ft and a bedroom of 131 sq ft is not sufficient. Cant the owner use the reception room and me and wife use the bedroom or vice versa. even if its for a temporary basis until i get another flat.

thank you once again
If you are not the unmarried partner of their tenant, then you should rent your own flat. The tenant should also advise her Housing Association/council of the true nature of your relationship with her.
Last edited by Petaltop on Tue Oct 18, 2016 12:15 pm, edited 3 times in total.

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: shared 1 bedroom council flat accomodation

Post by Casa » Tue Oct 18, 2016 12:13 pm

Re right to live in the property...probably not. See Petaltop's advice.
(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.

ahmed kichaa
Newly Registered
Posts: 8
Joined: Mon Oct 17, 2016 3:55 pm

Re: shared 1 bedroom council flat accomodation

Post by ahmed kichaa » Tue Oct 18, 2016 12:14 pm

and do i need to get the council's written permission even if shes a secured tenant cant she allow lodgers into her flat without notifying the council.
some councils don't produce such reports and i thought a property inspectors report that might pass the flat for overcrowding would be enough for the spouse visa to pass.

Petaltop
Senior Member
Posts: 673
Joined: Mon Jan 13, 2014 12:42 pm

Re: shared 1 bedroom council flat accomodation

Post by Petaltop » Tue Oct 18, 2016 12:17 pm

ahmed kichaa wrote:and do i need to get the council's written permission even if shes a secured tenant cant she allow lodgers into her flat without notifying the council.
She can't let you live there without the permsion of her HA/council, who are the owners of the property she lives in. It might even be a breach of her tenancy agreement.

But you have already said that the council know you are there, which suggests that she knows she must ask for their permission and that they might have been told that you are her partner and share the 1 bedroom with her.
Last edited by Petaltop on Tue Oct 18, 2016 12:22 pm, edited 4 times in total.

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: shared 1 bedroom council flat accomodation

Post by Casa » Tue Oct 18, 2016 12:18 pm

ahmed kichaa wrote:and do i need to get the council's written permission even if shes a secured tenant cant she allow lodgers into her flat without notifying the council.
some councils don't produce such reports and i thought a property inspectors report that might pass the flat for overcrowding would be enough for the spouse visa to pass.
Yes, written permission from the Council is mandatory.

As I've already mentioned, the local authority/housing association have probably assumed (or have been led to believe) that you are a couple, not that the tenant is sub-letting a room. :!:
(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.

ahmed kichaa
Newly Registered
Posts: 8
Joined: Mon Oct 17, 2016 3:55 pm

Re: shared 1 bedroom council flat accomodation

Post by ahmed kichaa » Tue Oct 18, 2016 12:21 pm

thank you all for your replies, i'll have to re read your advises and consider another option and might come back for more of your help.
i honestly thought the flat would be able to accommodate 3 persons with the single owner using the living room for sleeping and us using the bedroom

thank you once again

Petaltop
Senior Member
Posts: 673
Joined: Mon Jan 13, 2014 12:42 pm

Re: shared 1 bedroom council flat accomodation

Post by Petaltop » Tue Oct 18, 2016 12:28 pm

ahmed kichaa wrote:t
i honestly thought the flat would be able to accommodate 3 persons with the single owner using the living room for sleeping and us using the bedroom
If a neighbour reports her to the HA for breach of her tenanacy, then they will come around and check who is living in their property. Two women and a man living in a one bedroom flat is going to draw attention to her.

Plenty of people are waiting for social housing and neighbours are happy to report those that they can see are sub-letting as that will free her property up for a genuine tenant in need.

Locked