# Right to rent vs NOC letter from Landlord



## fb2009 (Mar 10, 2016)

Hi, 
I am applying for my spouse's settlement visa on Tuesday 15th March, 2016. 
I am a self employed person and all of my documents are complete except NOC letter from Landlord. 

I live in one bedroom flat, occupied solely by myself and have got Property inspection report as well which is positive. 

Problem is, due to new rental law, my landlord is reluctant to provide me any letter of permission for a person not present in county in other words does not have a visa. I can not post a link here due to new account but you can google "Right to rent" to understand the problem

This document clearly clashes with the requirement asked by UKBA for settlement visa. 

Should I mainly rely on inspection report and letter from occupant/myself and mention the reason for not getting any NOC from landlord?

Please help , I am very stressed


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## Cousin Jack (Feb 6, 2016)

Can you landlord provide a letter that permission to rent is subject to showing valid proof that the right to live/visa is granted. Would that help?


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## Kimi2490 (Nov 8, 2012)

Yes, what Jack said . Unfortunately this is a very sad and aggravating catch 22 situation that the UKVI have put in place. 

Request your landlord to write you a letter stating that your spouse is permitted to live in the house with you, subject to her receiving the valid immigration status from UKVI.

Good luck and do come back and let us know how you got on. It might help other couples in your situation.


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## fb2009 (Mar 10, 2016)

Unfortunately Landlord is not willing to write any letter


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## Kimi2490 (Nov 8, 2012)

I would consider finding a way to terminate contract and leaving. Frankly you cannot be expected to live somewhere your own wife isn't welcome.

I understand the pressures on landlords at this time but many are being wholly unreasonable. Pay the fees for early termination and try find yourself someone who is willing to help. Sorry you are having to go through this.

If anyone has any better ideas/suggestions, do chime in.


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## skyf (Mar 26, 2015)

Check your Tenancy Agreement carefully. Unless an Old Agreement there should be a clause(s) which define who can occupy the property i.e Legal Entrants etc. It will say something like " occupiers are allowed providing they do not create overcrowding and have a Lawful Right to live in the Country" and " the Landlord or Agent must be advised within .......days of any change of Occupants".

Most Landlords who are up to date will have or be revising the conditions or each Tenancy to cover the new Legal Requirements.


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## Kimi2490 (Nov 8, 2012)

Your point is a good one Skyf but even if there are those clauses in his tenancy agreement, they cannot act as replacement for a letter by the landlord can they?

I was under the impression that a landlord letter was an essential part of the visa application?


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## skyf (Mar 26, 2015)

Kimi2490 said:


> Your point is a good one Skyf but even if there are those clauses in his tenancy agreement, they cannot act as replacement for a letter by the landlord can they?
> 
> I was under the impression that a landlord letter was an essential part of the visa application?


The Landlord letter has always been seen as essential particularly where properties are in multiple-occupation, however the way the Law is now framed which puts an onus onto the Landlord, an updated Agreement gives the Landlord some latitude if Illegals are found to Occupy. i.e. the Relevant Clause of Occupation can be used to Evict the Named Tenant(s) if a Breach is proved. Landlords who manage many properties will use this to protect themselves from the full force of the Law.
Therefore an Agreement which includes a Clause as indicated will more than give the ECO the information required to satisfy Accomodation requirements.


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## fb2009 (Mar 10, 2016)

Hi Guys,

Thanks for your help. 
My wife got her visa within 2 days of application  
In supporting letter I mentioned the situation to ECO clearly and she got visa 

Here is a paragraph from the letter

"Upon contacting my estate agent, They referred to new law Right to rent checks where it is clearly mentioned that

-“If you (landlord) are found letting to someone who does not have the right to be in the UK, and you cannot show that you have made right to rent checks, then you could face a penalty”

“Before allowing an adult to live in your property, check that they have document(s) that show they have the right to be in the UK”

due to this situation, they are reluctant to provide noc to anyone before they see a valid UK visa which of course I am not able to provide them at the moment. 

May be we were lucky to get visa in this circumstances but it is advised to get a proper NOC from Landlord before you apply. 

Best regards


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## TMSM (Mar 2, 2016)

This is my concern too. I'm British and planning on moving over to uk with my husband and 2 kids. We are moving in with my parents who are currently renting. I can understand why a landlord would be reluctant to sign their name to documentation allowing a whole family to move in who they have never met and are from the usa. 
Maybe they need to change the accommodation requirements since new landlord laws??


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## moiz_ (Mar 11, 2016)

Congrats to those who got the visa approved. Goodluck to those who are planning to apply. 

I need advice on the similar manner. i'll appreciate if someone can help me. 

My wife who has rented out a spacious studio flat 29 sq/m through Estate Agents. Now estate agents are only willing to give the following letter as per their so called rules. 

'' I can confirm subject to a successful visa application and referencing checks by the credit referencing agency Van Mildert, Mr ................. will be able to be added to the tenancy agreement alongside Ms.... (my wife).... as a permitted occupier of ......(flat address)..... 


I can confirm that the landlord ....(name)...... has agreed subject to the above to allow two permitted occupiers within the property. 

If you have any further questions or require any further clarification on any points then please feel free to contact us at the office''. 


My concern is 

Letter says 'subject' to referencing checks which is mandatory for them for anyone to move into their property but will this be a problem with ECO


Thanks for reading.


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## skyf (Mar 26, 2015)

moiz_ said:


> Congrats to those who got the visa approved. Goodluck to those who are planning to apply.
> 
> I need advice on the similar manner. i'll appreciate if someone can help me.
> 
> ...


As the Law now stands a Landlord has an obligation to ensure ALL occupiers have a Legitimate Right to be in the UK, otherwise severe penalties can be imposed. The letter received will become standard practice and gives you what you require.
The referencing will cover both checks to make sure you do have a Right to be in the UK and as the Landlord is prepared to create a Joint Tenancy ( which is good for you), a Credit check will be conducted. It is entirely possible your wife will be asked to act as surety for you.
The Landlord is just carrying out a "belt and braces" exercise to avoid any conflict with the Law.


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## TMSM (Mar 2, 2016)

I understand that they cannot cater to each individual situation on the application form but it does tend to lean more to spouses or finances who are living apart and the British Citizen already living in the uk. 
The accommodation rule is becoming a task for us. My mother and step dad rent a 3bedroom house which can accommodate us with no overcrowding but trying to get a landlord to agree to permit me, my husband and 2 children when 

1, they have clearly never met us or able to do credit check
2, My husband has to get his visa
3) we are a family of 4

I actually cannot blame them if i was a landlord I would be hesitant as well. 
Because we are all moving over as a family unit staying with my parents is the easiest route. We are selling our home here in the usa so once we get situated we will be looking to buy our own home ASAP but in the mean time need a place to rest our heads and for the Visa Requirements.

Looks like at the moment the only option i have is to write a letter to the ECO explain our situation and the new tenancy laws like fb2009 did and hope it is enough to satisfy !


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## moiz_ (Mar 11, 2016)

Thanks @skyf for you feedback. Fingers crossed. 

@TMSM 
1. Either tell your landlord to put a clause in the letter just like mine or
2. Write a letter to ECO and explain your situation or 
3. There are also international referencing agencies in the UK who can carry out your reference in US where your landlord can use them but i get an idea from your post, landlord will be reluctant but you can try. 

p.s. Dont forget to do the Housing Inspection done if you do manage to get a letter from landlord to live with your parents.


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## TMSM (Mar 2, 2016)

@moiz
Thank you so much for that advice. Yes i have written a letter with similar wording to yours explaining the situation (just incase) 
We are only in the gathering all the documentation phrase and not planning on submitting application until july (we have a lot to close on this end, sell of house etc)
So we have time to give the Agency or the landlord any information that may help them change their mind! 
Congrats on your wife getting her visa!!


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