So here's our latest problem My income is from a commercial property. UKBA says that if this is the case they need to see a tenancy agreement in my name. When I acquired the property it was mid-lease. When this happens the landlord name doesn't get changed on the lease. All that happens is that the tenant is sent a rent authority letter giving them the new landlord's details. The agency we're with asked if I could get the lease changed into my name, as this would obviously be the easiest way of doing things, but my solicitor says that this isn't the done thing, it would be very expensive to do, and also the tenant would have to agree to it (which they probably wouldn't because it would be a lot of work and hassle for nothing). I don't suppose anyone has ever been in this situation or knows anything more about UKBA rules regarding property income? The land registry documents are in my name but not the lease, and it's the lease they want to see - presumably - they actually state 'tenancy agreement'.
Well yes but the problem is that I can't provide the actual document that UKBA wants. It seems that they don't just want to see the income - they want to see proof of how I got it.
Where does the UKBA say it needs to see a tenancy agreement? Am not saying you are wrong. I havent seen it though.
"20(c) Any rental income from property, in the UK or overseas, must be from a property that is: (i) owned by the person; (ii) not their main residence and will not be so if the application is granted, except in the circumstances specified in paragraph 20(e); and (iii) if ownership of the property is shared with a third party, only income received from their share of the property can be counted. (cc) The amount of rental income from property received before any management fee was deducted may be counted.39 (d) Equity in a property cannot be used to meet the financial requirement. (e) Where the applicant and their partner are resident outside the UK at the date of application, rental income from a property in the UK that will become their main residence if the application is granted may only be counted under paragraph 13(c)(i) and paragraph 13(d)(ii). "
It says it here - https://www.gov.uk/government/uploa...ment_data/file/270197/sup-docs-settlement.pdf Plus the agency have asked for it. They're going to see if there's a way round it but I'm worried about it being a problem. They say they are very strict with their requirements, which we already know is right :/ Also, because of this issue the agency thinks it would be better for us to apply the DLA way instead - but then we might have the same problem with the lease, with proving that I can adequately maintain.
Could you not go to see a property solicitor about this, how to get your name on the lease now and so on?
I notice it says "could include": From the Guide to Supporting Docs "Evidence of income from property or land: This could include property deeds, mortgage statements, tenancy agreements, accountant’s letters, land registration documents or crop receipts. If the property or land is registered in several names, you may wish to explain how much you own. If the money earned from the land is shared, you may wish to say how it is divided" However I guess one has to go with the advice of the agent.
Yes, the agent seems pretty sure about needing the tenancy agreement. I have asked, Timmers, and the solicitor said that landlord names on commercial leases aren't usually changed. The tenants would have to agree (which they probably won't) and it would be expensive and time-consuming. Maybe I should get a second opinion from a different solicitor? I'm so worried about submitting an application that isn't perfect - I know how awkward our government can be
Lisa. Whats bugging me, though I am no solicitor or agent, is that it doesnt specifically state that you need to supply a tenancy agreement. Unless I missed it somewhere. In the link you provided it say that you could include it but also specifies other documents that you could include. That suggests that it doesnt matter if you dont include the tenancy agreement if you include some of the others in the list?
Well, yes :/ The agency said we can 'try without the tenancy agreement' but really they wanted it, and 'trying without it' doesn't sound positive enough for me :/
In that case I suppose the agency can turn around and say "I told you so" if the visa application is denied, you need to avoid a get out clause for them like that. Second opinion with a solicitor that specialises in property may be the way to go, you'll feel better about it that's for sure.
Yes, I think you're right. I do think they'll say the same thing though - that the landlord's name doesn't change - it's just that I'm not sure UKBA will be aware of that or accept it.
Why don't you get a solicitors letter to say the landlords name cannot be changed, surely that would appease the UKBA, just a thought Lisa.
Maybe a case like this really does warrant a solicitor and not an agent? To ensure the application, which is undoubtedly unusual, is legally watertight.
I've paid the agency fee now though :/ Timmers, I've got a letter from the solicitor explaining. I'm still waiting to hear what the agency will say about it.
