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Discussion Starter · #1 · (Edited)
Hello,
I am preparing application for spouse settlement visa where my wife is the sponsor and currently resides in London.
My wife is currently renting a single room in a house which itself is rented by a family. There are other subtenants in the house who occupy single rooms themselves. There is no written agreement which I am really worried about. Could anyone please advise on how we can satisfy the accommodation requirements given the current situation?

Would this work?
1. Get written permission from the tenant (primary) who rents entire house.
2. Get copies of the tenant's rental agreement with actual house owners.
3. Get property inspection report.

Any advice would be really appreciated. Thank you.
 

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You should really have a letter of permission from the landlord rather than the primary tenant. In a rental situation like yours a tenancy agreement, letter of permission from the landlord, a council tax or other utility bill and a property inspection are normal things to include.
 

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Since you'll be living in shared accommodations, you will absolutely need a property inspection report, as nyclon says. This will allow an independent party to certify that the accommodation is not being overcrowded (verifies number of rooms, tenants, et cetera). I definitely agree that the written agreement needs to come from the owner, not the tenant. The tenant's rental agreement will not necessarily confirm that your wife, as a secondary tenant, has the right to live there.
 

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Apart from the possible overcrowding which could occur and something a Property Inspection will determine, there is a serious concern on Tenure. It is not clear if the Property owner is aware of your presence as a Sub-tenant and this needs to be resolved quickly. Be careful as the actual Tenant could be breaking the Tenancy Agreement
 

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https://www.citizensadvice.org.uk/h...g/what-can-your-landlord-do-about-subletting/
In some cases it is illegal for a tenant to sub let property, if the house is owned by a housing association or council, then it is a criminal offence to sub let.
If the house is owned by a private landlord, and they are not aware their tenants are sub letting, they can take court action, and evict the sub tenants.
It may be worth finding out more about this particular accommodation, authorities in UK do not approve of overcrowded accommodation, nor do they encourage possible exploitation of people by greedy subletting landlords.
 

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Discussion Starter · #6 ·
nyclon, secretlobster, skyf, fergie - Thank you all for your advice, I really appreciate it.
We'll be checking with the primary tenant if he is allowed to sublet and whether the landlord is aware of him subletting at present. The absence of subtenancy agreement made this situation a bit muddy, but hoping for the best.
 

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The ECO should be satisfied that the accommodation complies with the following requirements:
•it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
•it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985 (see MAA134).

Depending on the circumstances of the case, there may be other relevant factors; for example, the ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting (see below).
The ECO should consider the basis of the availability and security of tenure of the accommodation. Factors to be taken into account will include:
•the ownership of the property and/or the duration of a lease
•whether any lease enables the tenant to sublet to the couple or take them in as lodgers.
The ECO’s judgement should be based on the evidence from the applicant. If the ECO is not sure of the credibility of the applicant, he / she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.
https://www.gov.uk/government/publi...tion-maa/maintenance-and-accommodation-maa--2

So they do check your paperwork, make sure you can convince ECO that you are legally permitted to occupy the property.
 
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