Advice needed from experienced landlords please

haras_nosirrah

Have a bit of an issue with some of the tennants in the house I rent out and need some advice.

I have a 3 bed house which I rent out under separate room agreements. Two rooms have 1 person in and the other has a couple. The couple and one of the other people know each other and the other one doesn't. They are all under a 6 month tennancy agreement.

The one who doesn't know the other two has asked me if I am aware that the couple has moved their teenage son into the property. He is apparently sleeping in the same room as the couple (so three in a bed???) and is there all the time. I had no idea they were planning on moving anyone else in and it means that the house is overcrowded. Naturally this independant tenant is not very happy about the situation and neither am I.

The ones that know each other only moved in 2 wees ago so I don't know if it is a permanent arrangement or not but they have deliberately hidden it from me.

As they are under a 6 month tenancy agreement I know I have to be careful but what should I do about this?

I have arranged to go around there on sunday but want to know what their rights and mine are before I go in with all guns blazing. They are from Russia but have lived in the UK in other shared houses since 2004 so would assume they know the rules by now. It says in the tennancy agreement about no subletting but doesn't specifically say no moving family members in (never thought it would be an issue)

Before people ask I have a buy to let mortgage, pay tax and have all relevant certificates. I rented out rooms in this property as a live in landlord for 3 years and moved out around 6 months ago and now rent out the three rooms. This is the first time I have come up against something like this.

Advice needed please

N79

This sounds rather like an HMO. Is it licensed as such? Just to check as well that you have protected all the deposits as a breach of either of these limits your room for manoeuver.

Also it is not clear to me what you are asking? Your Ts are presumably not subletting but have a (semi-permanent) guest. Does you tenancy agreement forbid this? Even if it does, there is probably nothing you can do until the 6 months point although if it is an issue perhaps you could get the Ts to discuss.

Finally, if you want to be taken seriously as a LL then you need to learn to spell Tenant.

haras_nosirrah

>> Some HMOs must have a licence – which ones?


An HMO must have a licence if all three of the following apply:

• It is an HMO (see definition of HMO above) and
• It is three storeys or more (includes basements) and
• It is occupied by five people or more

Now mine is a 2 story house with 4 people in it (two singles and couple) therefore by this definition found on the http://www.privatehousinginformation.co.uk/site/89.asp website the property is not an HMO or not a licencable one at any rate.

Yes deposits are all protected with the DPS


What I am asking is that the couple have moved in their teenage son without declaring that he existed to me. I was never told they had a son let alone that they wanted to move him in and if I had been told would have said no. The other tenant thinks he is about 15/16 but isn't sure. By moving him in secretly they have breached their tenancy agreement as the following clause is in it

10 – NO ASSIGNING, UNDERLETTING, SHARING OR POSSESSION
10.1 – Not to assign or sublet the property and not to part with possession of the property
In any other way without the prior written consent of the Landlord.


The question is what can I do about it as they are 2 weeks into a 6 month tenancy?

sooz

Have you checked with your local council, as you may be in an area of additional licencing? Near me, any property (even a bungalow) with 3 non related people needs a licence.

They aren't assigning or subletting. He's their son, & a minor. So no rent is changing hands, & if they only have one room (& one bed) there is no area to assign. Until you know otherwise, & he has stayed for 6 months, he's simply their guest.

There is very little you can do about it, except serve them a section 21 to leave at the end of their 6 months.

Jowo_2

haras_nosirrah wrote: »

I have arranged to go around there on sunday but want to know what their rights and mine are before I go in with all guns blazing. They are from Russia but have lived in the UK in other shared houses since 2004 so would assume they know the rules by now.

Then you'll know that you cannot it unless you've given notice and received consent from the tenants because otherwise it will breach the tenants right to quiet enjoyment of the property. and can be construed as harassment

Did you get the tenants to complete a tenancy application form and then perform full tenant screening - employer references, previous landlord references, ID check, electoral register check, credit check etc? Do they even have the right to reside in the UK?

haras_nosirrah

Thanks for that Sooz.

Surely it contravenes some rules that they are sharing a room (and a bed) with their 16 year old. I don't want them to go to the council on some overcrowding rule when it wasn't myself that put them in that situation in the first place. On the tenants enquiry form they have put a 0 under dependants so they have hidden it from me.

What I am concerned about is that it was clearly hidden from me as they knew it would be a problem and that it is upsetting the other tenant (who is after all sharing the bills with them) There are also 5 people sharing 1 bathroom which is too many (I wasn't particularly keen on having a couple in the first place)

Wouldn't their being 5 people make it more likely to be a licencable HMO as well?

I haven't questionned them on it as wanted to get the facts and also know the rules before hand but it worrys me that I can't seem to do anything about it until after 6 months.

From what I understand he is not a semi permanent guest - him visiting a few weeks wouldn't be an issue. He appears to be a permanent guest i.e. lives there.

They have completed a tenants form, have checked employers ref, seen passports etc.
I have arranged with the tenants to go round there on sunday. I have consent from them to do so although as it is a room rental agreement I have permission to go into communal rooms just not personal rooms as part of the tenancy agreement but I always ask permission anyway.

I spoke to the previous landlady and she didn't mention a child in residence just said they pay on time and the usual things landlord say.

red40

haras_nosirrah wrote: »

>> Some HMOs must have a licence – which ones?


An HMO must have a licence if all three of the following apply:

• It is an HMO (see definition of HMO above) and
• It is three storeys or more (includes basements) and
• It is occupied by five people or more

Now mine is a 2 story house with 4 people in it (two singles and couple) therefore by this definition found on the http://www.privatehousinginformation.co.uk/site/89.asp website the property is not an HMO or not a licencable one at any rate.

You do have a HMO but not one that requires a mandatory HMO licence. Have a look at the page underneath the link you have posted titled 'what is a HMO' and you will find the correct answer.

You should also check with your local council as more are now doing selective and additional licensing. Hope that helps?