Estate Agent (Acting Landlord) refusing to give permission

[sofia789]

I have rented 1 bed flat to meet accommodation requirement. I have tenancy agreement issued in my name.
I told the estate agent that I was renting 1 bed flat from him, solely to meet accommodation requirement of my spouse's visa entry clearance. He agreed that he did not have any problem with my husband, living with me in the property.
Now I have asked him to give me written permission that my husband can live with me, however, he is saying he has to put 2 conditions in the letter in order for him to live with me.
1. upon his reference clearance
2. providing his valid visa

I am quite concerned for these two conditions mentioned in the letter. Is he doing this according to law?
Do I need his written permission? I am only living in 1 bed flat and council tax bill will be in my name, which I have not received yet.
I have booked for a property inspection report as well.
I have seen tenancy contract it does allow up to 4 family members can live with me.

[seagul]

Landlord is doing legally correct but you can request him to issue a letter giving permission for your wife stay with the condition of when she be issued the valid visa.

[seagul]

And if you are living alone in one bedroom flat then no need of inspection report.

[sofia789]

My estate agent has written this email:

"Once I have the written consent from the landlords I will be able to write to confirm that your husband can be given permission to live at the property subject to right to rent checks and subject to contract. Do you wish for me to do this?



Following on from your email below I have checked with our legal advisors. They have confirmed that if I were to give written permission for your husband to stay at the property without stating that this would be subject to right to rent to rent checks and subject to contract, I would be in breach of the law enforced by the Immigration Act 2014. So unfortunately I cannot give your husband unconditional permission to live at the property until he can provide us with a valid VISA and other documentation."

How could he subject my husband to the rent checks?
What does this mean "subject to right to rent"?
What kind of rent checks does he mean?
Why does he want his name in the tenancy contract?
He would be my dependent and would not be liable to pay rent as he would not be earning any money upon his arrival. So how landlord could charge rent from him if has not earned in the UK and has never worked, might not be working in future as he is my dependent. I am liable to pay the rent of the property.

[CR001]

How could he subject my husband to the rent checks?

They are only following the law as if they do not, they face substantial fines. Right to rent checks should however only be completed once your husband is in the UK

What does this mean "subject to right to rent"?

That he has a valid visa allowing him to reside in the UK

What kind of rent checks does he mean?

The same that would have been done for you. If your husband has never been in the UK, he won't even have a credit profile.

Why does he want his name in the tenancy contract?

No this is not necessary to redo a whole new tenancy agreement. He can simply be added as a 'permitted occupier'.

He would be my dependent and would not be liable to pay rent as he would not be earning any money upon his arrival. So how landlord could charge rent from him if has not earned in the UK and has never worked, might not be working in future as he is my dependent. I am liable to pay the rent of the property.

They cannot charge you more rent than for what you have signed. He is your dependent for visa purposes only but will be treated as an individual adult for the right to rent checks.

[seagul]

Although estate agent is saying correct regarding law while also over complicating the things maybe unintentionally or intentionally to charge some fee/increase rent in such trick. Because he just issue a letter allowing your partner to stay there on condition of issuance & display them the valid visa which I believe should be acceptable to HO. As one bedroom flat is more than sufficient for one couple so he should issue you such letter and regarding rent afforadability you must have given them the earnings detail.