My legally married wife is applying to stay in the UK on spouse visa. We registered our marriage in UK. All other requirements are sorted, however, I am struggling to get a letter from the letting agent, who also manages the property. I rent a one bedroom flat with a big living area and the tenancy agreement is only in my name, it will only be me and my wife staying in the flat. I have a clause in the agreement which states:
"To use the premises as a private residence for the sole use of the Tenant, his family and any visitors"
I have taken legal advice from a immigration lawyer and I was advised that I can provide my agreement as proof of accommodation. They also said that "it will also be helpful" to get a letter from the landlord. I called the letting agent who manages the property and they told me that they cannot provide any letter as my wife is not part of the contract and she needs to be added on the tenancy agreement as a tenant. This will incur a lot of costs and take a lot of time plus my wife is on a student visa and will not be able to provide guarantors etc in such quick time. I am not sure if letting agent is correct? How can I not bring my wife in a one bedroom flat for which I pay rent of £1300pcm exclusive of bills?
My questions are:
- Is the letting agent correct in saying they cannot provide the letter and my wife should be added to tenancy agreement when I am already liable for all rents/bills etc.
- Would it be enough to just provide the tennancy agreement as evidence as it does state that peoperty is for use of family too?
There is another clause in the agreement: "Not to assign, sub-let or share the whole or part of the Premises or take in a paying guest or lodger without the Landlord’s written consent. Consent will not be unreasonably withheld or delayed. The Tenant will be liable for the reasonable fees
and expenses incurred by the Landlord in arranging any assignment".
Would this clause affect the sole use clause above as I believe this is more to do with subletting?
Any urgent advise will be highly appreciated as I am very much worried about all this situation.
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