Request from tenant to allow mother to stay with her

jmt

Hello all,

I am in a bit of a quandry - I have a tenant who has taken a 12 month AST in my studio flat Nov10 to Oct 11. I think my tenant is from Zambia and came to the UK on a educational visa and is a qualified nurse.

She has asked me (via text) if I would mind if her mother came to stay with her and could I reply in writing to help with immigration and the visa process. I phoned her to ask how long her mother would be visiting for as I personally think a holiday is only up to 1 calendar month. She mentioned possibly up to 3 months and after some thought, I agreed to this (up to 3 months) in writing. The tenant has just sent another text asking for a different letter and mentioned that visas are for 6 months and and my letter may cause problems in mentioning up to 3 months.

I'm not sure what to do as I rented my property cheaper (via Belvoir) than going rate as I stipulated only a single tenant.

Can the tenant have her mother to live with her for 6 months without my approval - and do I really have to do anything to help the immigration process?

sariebeth

Did you put anything in her contract about the flat being single person occupancy? Or about visitors to the flat.

I'm not sure on the legal side but I would say that 6 months is not a holiday, that is living in the flat (lets face it, most contracts are for 6 months these days). So I would either decline her request, or let her know how much the increased rent will be for that period.

Also, if you let it through belvoir, why are they not dealing with this?

BitterAndTwisted

Tenants can have guests to stay just like any other normal person. I don't think it's fair of your tenant to try and inveigle you into becoming involved with a stranger's immigration affairs. I'd just write a "To Whom It May Concern" letter confirming that your tenant has a 12 month AST to rent a studio-flat from you and leave it at that.

G_M

I agree with Bitter. The mother is not your tenant. You don't know her, have any (business/tenancy) relationship with her, and you did not include her in your deliberations when granting the original tenancy.

Unless you wish to open a language school, enrol the mother for a fee, then inform immigration she is coming to your school to study ( :shocked:) I would not get involved.

jmt

sariebeth wrote: »

Did you put anything in her contract about the flat being single person occupancy? Or about visitors to the flat.

I'm not sure on the legal side but I would say that 6 months is not a holiday, that is living in the flat (lets face it, most contracts are for 6 months these days). So I would either decline her request, or let her know how much the increased rent will be for that period.

Also, if you let it through belvoir, why are they not dealing with this?

I used Belvoir for a tenant find and vet/check service. I am not able to look at the tenancy agreement at the moment as I am on holiday.

jmt

Thanks for your comments Bitter and G_M - I knew I would get sense from other landlords on here.

I sent a text reply to her saying I agreed to 3 months although I considered this an extended holiday and that I cannot do another letter as I am on holiday until 2nd May.

She has replied "I said it will depend. I never mentioned extended leave. (I called it extended holiday) Anyway, it's OK I can't change your mind and it's your property involved"

I shall ring Belvoir tomorrow just to find out what is in their standard contract to put my mind at rest whilst I'm away.

MPH80

From the immigration side of things (I know a bit about this - wife was a visa national before she naturalised) ... The Home Office largely agree that there's a time limit on the length of a visit (note: visit - not holiday). They believe that's 6 months.

So - visitor visas are, by standard, 6 months in validity. However, this doesn't mean that, when applying, you apply to stay for the 6 months. You apply to stay as long as you plan for - they then grant the 6 month visa. Even if someone apply for a "long term" visitor visa (you can apply for 1 year, 2 year, 5 year or 10 year visitor visas) - the visitor can still only stay any 6 months in 12.

Now - as to her requesting the permission ...

Your lady is planning on inviting her mother to stay. Does the tennacy agreement say she can't? The Entry Clearance Officer (ECO) will be looking for proof that the mother is allowed to stay in the property. This could mean that she simply needs to show the tennancy agreement, or it could also mean that she needs to show a letter from you agreeing.

If you choose not to provide a letter - then the visa *may* be denied. It's all about balances of probabilities. A letter from you agreeing makes it smoother - but it doesn't mean the visa would be denied.

The ECO is simply going to be looking for the following things:

1) Is the mother a genuine visitor? E.g. is she going to leave at the end of the visa
2) Does she have enough money to support herself here - or will someone be helping her
3) Is there somewhere for her to stay

As long as those are satisfied - the visa is likely to be granted and if there's no clause preventing the visitor - then all you've done is annoy your tennant by denying the letter. On the other hand - agreeing (with - say - a modest rent increase) keeps your tennant happy and you happy.

M.

MPH80

For info - see this link: http://www.ukvisas.gov.uk/en/ecg/maintenanceaccommodation

In particular - see MAA13.

G_M

You cannot forbid a tenant fom having a guest to stay (and if Beloir's contract attempts to do this I'd be suspicious of their entire contract..... and service!)

However the definition of 'guest' Vs flatmate/lodger/co-tentant/sub-tenant is blurred, and depends on various circumstances, including the length of stay. For example, a relative visiting from abroad could stay considerably longer, I supect, as a guest (in the mind of any 'reasonable' person) as opposed to a mate/partner who lives in the same town.

But such a guest is not your responsibility. If Immigration just want to know if she has somewhere to stay, why can't the daughter show them her 12 month contract and say "she's staying with me as my guest"?

This looks like trying to convince Immigration the mother has her own 'home' in the uK (ie a tenancy in her own name) which is a new ball-game entirely (and not compatible with the statement that " her mother came to stay with her ").

neverdespairgirl

The conditions for a visa-national seeking entry clearance as a visitor include:

(i) intention to leave the UK at the end of the visit;
(ii) ability to support himself without recourse to public funds;
(iii) adequate accommodation available.

The letter you're being asked to write is to help establish (iii).

Chances are, it'll be refused anyway. the Entry Clearance Officer will probably view it as chain family migration.

carefullycautious

I think my tenant is from Zambia and came to the UK on a educational visa and is a qualified nurse.

THis stood out to me. Did you not check up on references. Also I would do as above and state that your property is a studio flat and is only really adequate for friends to stay for a day or so. I certainly would not allow a 6 month stay