Tenacy agreement urgent help needed pls

[chocolatelover]

I am very annoyed. My partner is trying to apply for a fiance visa. We have been gathering evidence of our relationship and collecting documents. I have a copy of our tenacy agreement which states that we have a 3 bedroom property and it states the a maxium of 5 people can live there. I wrote a letter to the stupid husing officer and she writes back saying no its a 3 bedroom 4 person property we have 4 people living there now. I told her thats not what the signed tenacy agreement says and all she can reply is that its a mistake on the agreement!!!

What do we do now? Its not going to be our permenant residence its just for a short time.

[Brit Chick]

So what's the discrepancy over? How many people actually live in the property now?

[chocolatelover]

No the tenacy agreement says 5 people are allowed to live there. The housing officer wrote a letter stating its a 3 bedroom 4 person property. We have 4 people here already. She says another person making 5 would mean overcrowding. She told me to ignore what the tenacy agreement said that was a mistake!!! Can you believe it!!!

[Brit Chick]

Maybe you can get by without submitting the letter from the housing officer and just include your tenancy agreement and a letter from your landlord to confirm its current occupancy and that it's okay for your husband/fiance to reside there with you, and also the proof of your rent being paid.

Hopefully someone with more knowledge will be along soon to give better advice

[chocolatelover]

Thanks I hope so!!! I mean all we are doing is submitting a legal document that says 5 people may reside at the residence!

[tasha75]

Hi,
I've seen this (the information below) on one of the "council exchange" forums, hope it will help you.

How can I tell if my Household is Over or Under Occupying a Property ?


Firstly, you need to determine the makeup of your household:

Each Adult (over 18 Years): 1 Unit/Person
Each Child (over 10 Years): 1 Unit/Person
Each Child (between 1 & 10 Years): 0.5 Units/Person
Each Child (below 1 Year): 0 Units/Person

Current legislation uses two legal standards to determine occupancy/overcrowding -

1) The Room Standard
This standard determines occupancy by the number of available bedrooms within the property:

1 Bedroom Property: Maximum 2 Units.
2 Bedroom Property: Maximum 3 Units.
3 Bedroom Property: Maximum 5 Units.
4 Bedroom Property: Maximum 7.5 Units.

* Property in excess of 5 Bedrooms - Legislation permits that each additional Bedroom may accomodate an additional 2 Units.

2) The Space Standard
This standard determines occupancy by the size (floor Space) of available rooms within the property, which are considered useable for sleeping. In addition to Bedrooms, this standard takes into account Living Rooms and Dining Rooms where available.

Rooms measuring between 4.6 m2 and 6.5 m2: Maximum 0.5 Units.
Rooms measuring between 6.5 m2 and 8.3 m2: Maximum 1 Unit.
Rooms measuring between 8.3 m2 and 10.2 m2: Maximum 1.5 Units.
Rooms measuring 10.2 m2 or greater: Maximum 2 Units.

* No Children of the opposite sex and of 12 years or above should have to share a Bedroom

* In the case of overcrowding, you may choose to use whichever method determines the highest level of over occupancy