None UK Wife Joining Tenant on a Period Agreement

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    None UK Wife Joining Tenant on a Period Agreement

    My tenant has been on a periodic agreement since September 2016. He has been a good tenant. His partner who was with him when he first rented left the property and was not replaced.
    He is now on a periodic agreement. I have not raised the rent since September 2016.

    He has explained that he is now married and would like his wife who is a non UK citizen to join him at the flat.
    He has asked me to write a letter stating the following for them to submit to the home office as part of the Visa Application process:

    Property address
    Name of the Landlord
    Date he started living there
    I'll allow [name of spouse] to live in the flat when she arrives
    Subject to her successful visa application/ completing her right to rent checks

    The home office has confirmed that they would request such a letter from him/her to process a spousal immigration visa.

    I told him I would need to review the rent. I'm (and he is) fully aware that he is paying below market rent at this time. Would it be workable to send a letter outlined below or
    a separate letter about agreeing to a new tenancy agreement and landlords' notice proposing a new rent under an assured periodic tenancy of premises in England?

    Property address
    Name of the Landlord
    Date he started living there
    I'll allow [name of spouse] to live in the flat when she arrives subject to:
    *Her successful visa application/ completing her right to rent checks
    *You both agreeing to a new Assured Tenancy Agreement [do I need to state 'including a proposed new rent'? or is a 'new Assured Tenancy Agreement' sufficient?]

    Would it be normal to ensure that they sign the 'New Assured Tenancy Agreement' after her Right to Rent checks have cleared, which could take time. She would effectively be living at the flat under the current periodic agreement, but not named on the agreement?

    Perhaps I need to increase the rent now in advance of her arrival?

    7 years is a long time to be on a period agreement and I feel more comfortable now moving back to a formal contract in any case.

    Thank you in advance for any advice/ help.

    #2
    You need to keep the two issues seperate. You can assist you tenant with his VISA application. I am confused. Is the partner named on the original agreement, now his wife? Or is this someone else?. If the original partner has moved on, then you needed a new tenancy. You have issues such as deposit etc...

    You need to be weary of the Right to Rent regulation.

    If she was already on the tenancy agreement. Do you need a new tenancy agreement? This is up to you. I would ask for a marriage certificate and new passport details.

    Increasing the rent is up to you, but I suspect your tenant would be forking out a bit for VISA application. One of my previous tenants told me he paid £2,000 in VISA. This is on top of any relocation and marriage costs..... I get annoyed the Government is charging £2,000, but as landlord we get £0.00 to carry out Right to Rent checks and chase up tenant when their VISA is about to expire. Landlords are unpaid immigration officials!

    If this is a new person, I would be weary of signing a new 12 month agreement. if she does not like the place / neighbhoorhood, then they will try to break out of the tenancy.....

    What happens if he gets her pregants and decides to leave her at your property a the marriage is n't working out.... There are many dynamics here.....

    You can serve a rental increase now. You don't need a new tenancy.



    Comment


      #3
      Do you want to grant an AT rather than an AST?

      Personally when considering a new, different, unknown tenant (from any country e.g, NI, Wales, England, Scotland...)
      - the last thing I'd do is grant a new tenancy. New tenancy means it will take longer to evict if there's any problems. Not something I'd choose to do to myself.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by Mldn View Post
        7 years is a long time to be on a period agreement and I feel more comfortable now moving back to a formal contract in any case.
        All of my tenants are on periodic agreements, many of them for more than 7 years.
        Starting a new tenancy now is actually the last thing I'd do.

        You can increase the rent by agreeing it with the tenant, but I wouldn't make it a condition of the application process (because that would make you a bit of a crappy human being in my personal view - the rent does need to go up from the sounds of it, but it's not a negotiation with his wife's ability to live with him as a bargaining chip).

        Ideally, I'd let her be a permitted occupant.

        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Hi,
          Flashback1966 - He moved in with a girlfriend who moved out 6 yrs ago. He's now newly married. His now wife has seen and stayed at the flat as far as I can tell.

          Theartfullodger - It would be an AST.

          JPKeates - I'll find out more about this 'permitted occupant' status in relation to 'right to rent' as she arrives.

          I may likely leave him on a periodic agreement for the time being.

          The fair rent increase (which he'll be able to manage given his revenue stream) is something that I'll talk to him about though. It's been expected for some years.

          Thanks all

          Comment


            #6
            In that case you would need to get him to formally end the tenancy for both original tenants by serving notice before you could issue a new tenancy contract. However, as others have said, I'd go with permitted occupier and keep the periodic tenancy. Less admin and more flexibility.

            Comment


              #7
              There's no actual requirement for a landlord to carry out right to rent checks.
              They are, however, the only defence if it turns out that a person doesn't have the right to reside and the home office decides to penalise the person who gave them permission to reside.

              And, the person responsible is the person who allows the person to reside.
              In an ideal world, that's the tenant, not the landlord, so your permission possibly needs to make that clear.

              And your response to the Home Office should also be worded carefully.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Hi all,
                I'll leave him on the Periodic Agreement.

                This is very uncharted waters for me and the Home Office very non-committed advice not hugely helpful. I need to respond to the tenant sooner rather than later. Can you let me know if one of these form of words would work:

                Hi Jo Bloggs,
                You are responsible for allowing a guest to stay at [flat address]. If you have a guest staying at the flat who is a non UK resident, then it is up to you to know if they have cleared required entry requirements. I can allow a guest such as your wife 'Permitted Occupier' status subject to her completing her required visa application and right to rent checks. However, her stay at the [flat address] remains your responsibility.

                Hi Jo Bloggs,
                You would be responsible for allowing your wife to reside at [the property address]. I shall give your spouse 'Permitted Occupier' status to stay at [address of flat] subject to her completing her Right to Rent checks.

                If anyone can suggest a better form of words, I'd be grateful.

                Comment


                  #9
                  I'd go with the second.

                  Other smart people may have helpful views.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    To conclude with an update:
                    Landlords in this position strongly advised to speak to Home Office Landlord Visa section in the first instance. You many experience a 'to-ing and fro-ing' between that section and the Landlords 'Right to Rent' section. See what they both say. They should both be advising the same......

                    Advice to me was that essentially an individual who is not a UK citizen cannot reside in 'your property' until completion of a successful 'Right to Rent' check. If you (the landlord) do otherwise with people who have arrived on an visitor's visa (or with unknown status) who may over-stay etc. etc. etc. then this opens up significant problems for landlords etc. etc. etc.

                    The following words/ or words the this effect to a named tenant who may be requesting permission for an overseas spouse to live at your property:

                    "....I'm giving you/ your spouse a provisional offer pending a successful 'right to rent check', before your spouse can reside/ be at [address]...."

                    Comment

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