Renting troubles

Meatballs

Don't know the costs of licensing, I think it's ensuring it meets fire regulations which is the headache. Also he would probably need to change insurance policy. It's likely if he can or wanted to do it he would have already no sense in a LL leaving a room spare when they could make some money on it?

hayden2222

Thanks Meatballs, true, that must be the reason im just trying to weight up whether or not to speak to the LL. What would be the worst case if I didnt tell him I was staying there? if everything was registered to my parents adress?

hayden2222

is there any way of finding out how many rooms he is allowed to let out?

Meatballs

Worst worst case something like a fire occurs, death, injury. Insurance company get wind of you say they reckon you are living there permanently, they refuse to pay out, injuried parties cant get compensation and stuff, LL potentially gets shafted. Unlikely though, and then they'd have to prove you were living there as a main residence. You reasonably claim you are just a guest if staying there a short time.

Other case LL finds out and can attempt to evict current tenants and you as a sub-tenant for breech of agreement?

Staying without paying rent builds growing resentment from others. Not paying council tax. If you do start paying those then you aren't a guest anymore.

I don't think you can really stay there long term without telling the LL, paying rent, registering council tax etc. Its likely that he may not be able to or is unwilling to take on a 5th tenant due to the licensing etc.

I reckon it's reasonable you can stay there as a guest for a short time, 2-4 weeks whilst finding somewhere else. I'd keep looking and tell us what routes you have taken to look so far. I've never found it too hard to find a place to rent. I think this is your best course of action.

hayden2222

Nice one again meatballs, I think i'll have to speak to the LL and see what he says, the main thing is not getting my friends kicked out! althought i don't think the LL would do that as long as I left if he found out, Im going to read over the tennancy agreement tonight, if there isnt anything about subletting surely then its ok for me to be there and tell him!?

N79

hayden2222 wrote: »

Nice one again meatballs, I think i'll have to speak to the LL and see what he says, the main thing is not getting my friends kicked out! althought i don't think the LL would do that as long as I left if he found out, Im going to read over the tennancy agreement tonight, if there isnt anything about subletting surely then its ok for me to be there and tell him!?

I'm sure you will tell me to jog on but the tenancy agreement would need to actively allow subletting (and not merely be silent on the subject) because no subletting is an implied term in an AST.

Pepzofio

N79 wrote: »

I'm sure you will tell me to jog on but the tenancy agreement would need to actively allow subletting (and not merely be silent on the subject) because no subletting is an implied term in an AST.

Surely the OP would actually be a lodger rather than a sub-letter, though? I'm pretty sure you don't need express permission in a TA to have a lodger, in fact I thought I'd heard that prohibiting lodgers/housemates was pretty much an unenforcable term in an AST. (As in, it's up to the tenant who they choose to have living with them, although they will be fully liable for any damage caused by that person.)

I don't really know how the HMO licencing works, but I find it hard to believe that LL would voluntarily keep a room empty for no good reason, so I think it is highly unlikely he will consent to OP staying in the fifth room. Having said that, if OP was a lodger of the original tenants rather than a fifth tenant, will it affect LL's HMO licence? If so then IMHO OP should keep looking elsewhere for a houseshare and remain as a houseguest for a few weeks, rather than register for C/Tax or anything.

hayden2222

Surely the LL would be willing to accept another tennant or licensee if I was willing to pay rent to him!? thanks for all your help, I think im just going to have to speak to him soon. + N79 as long as a tennant/my friend notifies the LL about subletting if its not in the agreement it should be ok, and the LL cant unreasonably refuse.

lynzpower

Look, this is what you need to understand.

the 5th bedroom is not being let because quite simply the LL doesnt want to.

It could be HMO, it could be insurance, it could just be his own personal choice. Isnt that his own choice?

If he was prosecuted for running an illegal HMO then he could go to prison, have thousands of pounds worth of fines all the rest of it.

Where do you live where there are no rooms? Maybe someone can help you,

If not i suggest you present as homeless to your local authority and they will organise a hostel or similar for you as you are homeless.

You are running the risk of all your freinds recieving an early eviction or lack of renewal,listen to the advice given to you for heavens sake.

N79

hayden2222 wrote: »

Surely the LL would be willing to accept another tennant or licensee if I was willing to pay rent to him!? thanks for all your help, I think im just going to have to speak to him soon. + N79 as long as a tennant/my friend notifies the LL about subletting if its not in the agreement it should be ok, and the LL cant unreasonably refuse.

What rubbish. If subletting would cause of breach of HMO regulations then the LL can not reasonably agree it. Refusal would be the only option. The same would apply to a licence.

Either way, by statute the LL has the right to refuse subletting. The LL can refuse for any reason they like - that is their right. See section 15 of the housing act, especially S15 subsection 2 which specifically states that the obligation to not unreasonably refuse specifically does not apply.