Landlord Issues - UK Spouse Visa

[Mylana]

Hello everyone

I was wondering if you have some advice on my current stuation. I moved to the uk in January 2017 to settle with my husband on a spouse visa. He rented a flat as from sept last year for us to stay and also as part of the visa application requirement. Before renting the flat we seeked the permission of the landlord for me to stay there and she agreed. She wrote the letter which i submitted with my application to confirm that she does not have any objections for me to stay in the flat when I arrive in the UK.

Now that I am leaving here she is saying that she wants me to be on the tenancy agreement as I am going to leave in the flat permanently,which she was well aware. Although my husband is the sole tenant we agreed to make a new tenancy agreement so that I am included in the new one. Unfortunately she wants to increase our rent fee on the new tenancy agreement which we refused as we never discussed about increase rate.

She is now threatening us saying that my husband is breaching the immigration act 2014 as I am not on the tenancy agreement and that he is subletting to me. She is also threatening to call home office to tell them that She does not agree that I live in the flat.

She gave us only choices either to end my husband's tenancy agreement before the end of it or sign a new tenancy agreement but with an increase rate.

We do not agree with it and I really need some help or advice from any of you on this.

Thanks a lot in advance!

[vinny]

She was very kind to write her letter previously. Her kindness is in her, somewhere. There must be a win-win situation where you may stay on. Not a lose-lose situation where she has to find new tenants, who may not be as nice as you are.

See also Dependant Spouse and Tenancy Agreement.

How much extra is she proposing? The apartment hasn't increased in size. But the Immigration Act 2014 imposes extra responsibilities on landlords, accompanied with threats of penalties and no compensation for compliance. It may be reasonable to negotiate for a one-time extra charge instead of an increase in rent that is more than inflation and landlord's extra costs.

Do Negotiate Nicely Without Being a Pushover.

[CR001]

How long is the tenancy that our husband signed? She cannot increase the rent mid tenancy. You also do not have to sign a new tenancy but she can do an addendum with you as a permitted occupier.

Suggest contact Shelter. They are very helpful and will tell you exactly what you can do and what she is allowed to do.

If it becomes difficult, expect an eviction notice but if your husband has signed a 12 month lease agreement, there is nothing she can do yet.

She is wrong in stating that he is subletting.

Is your husbands deposit protected and was it done within 40 days of being paid? Has he received ALL of the prescribed information regarding the deposit from landlord? Does he have an EPC, gas cert and "how to rent" booklet from his landlord?

[Mylana]

Hi guys,

Thanks a lot for your help. The only reason she wrote the letter was because my husband made it clear that he would start renting the flat only if she agrees that i will stay with him in the flat and that we needed her written consent for my visa application.

He started renting the flat on 28/09/2016 and the tenancy agreement is for one year.
Yes his deposit is protected and it was done within 40 days of being paid. He has also received all of the prescribed information regarding the deposit from from the agency on behalf of the landlord. He does have an EPC, gas cert and "how to rent" booklet from the agency acting on behalf of the landlord.

We originally agreed to do the addendum and after doing all the procedures on our side she decided that it should be a new tenancy agreement with a rise in the rent. We refused to sign as she wants £50 extra per month while the renting is already £975. I did contact shelter and they told us that she cannot evict us before the end if the tenancy agreement which is fine for us as we dont want to extend our stay in the flat.

However what got me worried is that she wants to call home office saying that i don't have the right to stay with my husband in the flat. I have my spouse visa and I believe that I am not breaking any law. Do you think that this should be of any concern to me?

Again thanks a lot for your precious advice.

[CR001]

Hi guys,

Thanks a lot for your help. The only reason she wrote the letter was because my husband made it clear that he would start renting the flat only if she agrees that i will stay with him in the flat and that we needed her written consent for my visa application.

He started renting the flat on 28/09/2016 and the tenancy agreement is for one year. She cannot increase the rent until the end of the tenancy.

Yes his deposit is protected and it was done within 40 days of being paid. He has also received all of the prescribed information regarding the deposit from from the agency on behalf of the landlord. He does have an EPC, gas cert and "how to rent" booklet from the agency acting on behalf of the landlord. Protecting the deposit 40 days after being paid means they are in breach of the housing act.
It must be protecting within 30 days of being paid and all the prescribed document must also be provided within 30 days of the deposit being paid.

We originally agreed to do the addendum and after doing all the procedures on our side she decided that it should be a new tenancy agreement with a rise in the rent. We refused to sign as she wants £50 extra per month while the renting is already £975. I did contact shelter and they told us that she cannot evict us before the end if the tenancy agreement which is fine for us as we dont want to extend our stay in the flat. Best option then is to tell landlord that you will see out the current tenancy. She cannot just cancel the tenancy agreement without a Deed of Surrender signed by your husband.

However what got me worried is that she wants to call home office saying that i don't have the right to stay with my husband in the flat. I have my spouse visa and I believe that I am not breaking any law. Do you think that this should be of any concern to me? She is talking nonsense. Don't stress about this.

Again thanks a lot for your precious advice.

[vinny]

Agree with CR001 that if you have leave, then you are not renting illegally.

Moreover, point out to the landlord:

What should be included in tenancy agreements?

There is no requirement to create a written tenancy agreement listing all those who will live in the property, but landlords, agents and householders may find it advisable to do so. If the tenancy agreement is oral or implied, the checks should still be made on all adults living at the property. If there is evidence a landlord, agent or householder was aware of a person living in the property but did not check them, they may be liable to a civil penalty, regardless of whether the agreement is written, oral or implied.

It is advisable to record the following:

 the full name and date of birth of all adults who will live in the property
 the names and dates of birth of all children under 18 who will be living with them in the property
 whether each of the adults named has current permission to be in the UK

[Mylana]

CR001 thank you very for your advice. I got really worried about this situation as I've never been threatened before.

My husband has contacted the agency and told them that we don't agree to leave before the end of the tenacy agreement and we dont agree to sign a new tenancy agreement. We are waiting for a response from them or the landlord now.

I'll keep you posted anyway whenever they reply to us.

Thanks to you too vinny!

You really helped me both have peace of mind.

Cheers