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Rent paid in cash - spouse visa application

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Mr-K
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Joined: Sun Sep 03, 2017 7:54 pm
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Rent paid in cash - spouse visa application

Post by Mr-K » Sun Sep 03, 2017 8:36 pm

Good evening all,

Struggling to find any information on this issue.

I am a british citizen (my wife is from Ukraine), and satisfy all conditions as a sponsor exept... I rent a double room in a 5-bedroom house and my estate agent takes payments in cash only, giving us handwritten paper receipts. (Btw we suspect her husband or a relative of the same surname to be the owner of the house but she is quiet about it).

- She is ok with giving me a new 6 month tenancy agreement with her agency's name, address and phone numbers written on it.
- She is ok with giving me a written letter of concent for my wife to share the room between us (although she is completely against any sort of inspection of the property or the local council getting involved).
- All the utility bills and council tax is included in rent so we don't have access to those documents.
- I heard that house inspections are not really required. Corect me if I'm wrong.

How likely is it to be an issue with the immigration authorities? Will they be understanding of the fact that this is beyond my control? I find it unfair to have to move out because of that (it's expensive in London) and am good friends with the other tenants here. Are we being too paranoid?

Thanks!

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: Rent paid in cash - spouse visa application

Post by Casa » Sun Sep 03, 2017 8:51 pm

As the accommodation is considered to be Housing in Multiple Occupancy you will need to submit a property inspection report.
9. Houses in multiple occupation
Your home is a house in multiple occupation (HMO) if both of the following apply:
at least 3 tenants live there, forming more than 1 household
you share toilet, bathroom or k i t c h e n facilities with other tenants


Generally one would be able to submit a report from a local Estate Agent, but a few of your comments raise some concern. Does the person who collects the rent (in cash) have a genuine Estate Agency? You have a legal right to know who your landlord is (you will see this in the link I'M posting).

This has shades of sub-letting. I know of a similar HMO where it transpired that the property was owned by the local authority and sub-let by an absent tenant. Be wary! It may explain the reluctance to have any involvement with the Council. :idea:

https://www.gov.uk/private-renting
(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.

Mr-K
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Posts: 2
Joined: Sun Sep 03, 2017 7:54 pm
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Re: Rent paid in cash - spouse visa application

Post by Mr-K » Mon Sep 04, 2017 8:52 pm

Casa wrote:
Sun Sep 03, 2017 8:51 pm
As the accommodation is considered to be Housing in Multiple Occupancy you will need to submit a property inspection report.
9. Houses in multiple occupation
Your home is a house in multiple occupation (HMO) if both of the following apply:
at least 3 tenants live there, forming more than 1 household
you share toilet, bathroom or k i t c h e n facilities with other tenants


Generally one would be able to submit a report from a local Estate Agent, but a few of your comments raise some concern. Does the person who collects the rent (in cash) have a genuine Estate Agency? You have a legal right to know who your landlord is (you will see this in the link I'M posting).

This has shades of sub-letting. I know of a similar HMO where it transpired that the property was owned by the local authority and sub-let by an absent tenant. Be wary! It may explain the reluctance to have any involvement with the Council. :idea:

https://www.gov.uk/private-renting
Thanks a lot for your help! Although many people complain their estate agents say they haven't heard of these inspections or don't do them. Strange thing is that we also paid an agency of lawyers in Ukraine to help us out, they gave us a big list of documents to gather, but they said that in our situation the inspection report is not required as each one of us tennats have a separate contract and key to our rooms.

It's just such a pain... I mean... moving out just because of this. But if I do move out and find a reputable eastate agent, would it in theory be unnecessary to enter and measure each tennant's room because they should already have some sort of report for their properties?

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

Re: Rent paid in cash - spouse visa application

Post by Casa » Mon Sep 04, 2017 8:59 pm

Mr-K wrote:
Mon Sep 04, 2017 8:52 pm
Casa wrote:
Sun Sep 03, 2017 8:51 pm
As the accommodation is considered to be Housing in Multiple Occupancy you will need to submit a property inspection report.
9. Houses in multiple occupation
Your home is a house in multiple occupation (HMO) if both of the following apply:
at least 3 tenants live there, forming more than 1 household
you share toilet, bathroom or k i t c h e n facilities with other tenants


Generally one would be able to submit a report from a local Estate Agent, but a few of your comments raise some concern. Does the person who collects the rent (in cash) have a genuine Estate Agency? You have a legal right to know who your landlord is (you will see this in the link I'M posting).

This has shades of sub-letting. I know of a similar HMO where it transpired that the property was owned by the local authority and sub-let by an absent tenant. Be wary! It may explain the reluctance to have any involvement with the Council. :idea:

https://www.gov.uk/private-renting
Thanks a lot for your help! Although many people complain their estate agents say they haven't heard of these inspections or don't do them. Strange thing is that we also paid an agency of lawyers in Ukraine to help us out, they gave us a big list of documents to gather, but they said that in our situation the inspection report is not required as each one of us tennats have a separate contract and key to our rooms. The purpose of the property inspection report is to confirm that the accommodation is adequate and not overcrowded.

It's just such a pain... I mean... moving out just because of this. But if I do move out and find a reputable eastate agent, would it in theory be unnecessary to enter and measure each tennant's room because they should already have some sort of report for their properties? Exactly! If your current Estate Agent is genuine, there shouldn't be any problem in them providing a report on the size of the rooms and the number of occupants. :idea:
(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.

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