Accomodation question Please Help ASAP

[confusedhsmp]

Hi,

I have two questions.

I live with a family (i.e. shared accommodation NOT relatives or family friends) in a large double room ensuite possibly with its own tenancy agreement, do I need to have council report on overcrowding? Its a total four bedroom flat and the couple i live with occupy three other rooms. They are the owners of property too.

Currently I dont have the tenancy agreement but the landlord is happy to sign a new one for me starting January 13. So if i have one, what should the tenancy agreement (Standard Assured Short-hold) say I have ...- One bed flat or one room in a house?. The wording is really important. The kit-chen is shared BUT i never use it.

Please kindly advice. I dont want to leave the family i live with until my wife is here as they do all the cooking for me, which i ofcourse pay for.

Moderators? Gurus? please... Help and advice needed.

[confusedhsmp]

Can someone please respond?

Moderators? anyone..

Thank you in advance

[ID29]

Because the owner/landlord shares the same property, the landlord cannot give you an Assured Short-hold Tenancy Agreement. One of the main features of these tenancy agreements is the security of tenure, but it's not legally possible to have this right when you live in another person's household.

Your correct legal status as regards your accommodation is that of a lodger and as such don't have any security of tenure. This means the owner/landlord can ask you to leave at any time. You can though sign a lodger's agreement between you which defines each party's responsibilities, shared spaces, rent etc but again, wouldn't offer any security.

Whether this lack of security would satisfy an immigration official when considering suitability of your accommodation is another question?

Another thing you should consider is whether your landlord can (or is willing) to provide proof from his mortgage company (and maybe the freeholder if the flat has a lease) to say he is free to let if asked by UKBA. Most mortgage companies will be okay with this but some won't unless notified in advance.

As for overcrowding, if it is only the other couple and yourself living in the property I wouldn't think this was an issue.

[madhumesh]

You can look at this for defination of overcrowding.

[confusedhsmp]

@ ID29

I have seen many siutations where tenants in shared accomodation have signed AST and this has been accepted by UKBA.

Senior members/ Moderators, can you please clarify?

[ID29]

@ ID29

I have seem many siutations where tenants in shared accomodation have signed AST and this has been accepted by UKBA.

Accommodation shared wholly between tenants yes, but NOT if the landlord/owner is also resident. Any agreement signed will not have an 'assured' or 'protected tenancy' status. Legally, these are 'excluded tenancies' which offer less protections than assured tenancies.

However, if you are confident about submitting documents that are not legally valid or appropriate for your type of accommodation then please go ahead.

And just to clarify; this IS my field of expertise.

[confusedhsmp]

@ ID29

I have seem many siutations where tenants in shared accomodation have signed AST and this has been accepted by UKBA.

Accommodation shared wholly between tenants yes, but NOT if the landlord/owner is also resident. Any agreement signed will not have an 'assured' or 'protected tenancy' status. Legally, these are 'excluded tenancies' which offer less protections than assured tenancies.

However, if you are confident about submitting documents that are not legally valid or appropriate for your type of accommodation then please go ahead.

And just to clarify; this IS my field of expertise.

Thanks ID29.

I get what you mean and it makes complete sense. i.e. you dont enjoy your AST rights if sharing the accomodatation with the property owner.

Any other opinion? or guidance ?..anyone??

[confusedhsmp]

Any senior members, please???