Partner visiting HMO

chunter481

Hi.
I recently moved into a new rented accommodation with my colleague and 10 days into the tenancy I received a letter informing me that the estate agents had become aware a 3rd person was residing in the property. Now, my partner stays with me 2/3 days a week, sometimes coming up late the night before after work (thus pushing it into 4 nights territory) . I find it startling that after 10 days they had come to the conclusion he was living with me.
After discussing it with the estate agent they said they would accept him, as a guest, for 2-3 nights. My partner is less than keen now as he is concerned that due to the brevity of their letter being sent out, that a neighbour is keeping tabs and doesn't want to come over so often, or that if he stayed 4 nights instead of 3 would get me into trouble. Which is incredibly frustrating for me.
Also, going down this road, would a live-in couple or partner and another single be liable for an HMO? It's my understanding that they are 2 households and would not be?

Thanks for any help!

AnnieO1234

Can I make the suggestion that you go to his?

When you say you've moved in with a colleague, have you signed as joint tenants? Or are you lodging in a house with other bedrooms (you mention HMO) that are let out?

More info needed really.

xxx

Guest101

Tell the agent he's a guest as often as YOU the legal tenant want him to be and it's absolutely nothing to do with them.

He can actually move in permanently if you both choose to.

You don't need anyone permission.

Guest101

AnnieO1234 wrote: »

Can I make the suggestion that you go to his?

When you say you've moved in with a colleague, have you signed as joint tenants? Or are you lodging in a house with other bedrooms (you mention HMO) that are let out?

More info needed really.

xxx

The OP it would seem to me, given there's an agent, is a tenant renting a room. Not a lodger.

marksoton

Said agent needs to be told very firmly to foxtrot oscar.

chunter481

He lives an hour away and I teach during the week otherwise this wouldn't be so awkward. His job is flexible enough that he can travel that extra bit in the morning.
Well there is nothing in my lease to stipulate when guests can stay, it only says we are not to sublet.
Yes we have a joint tenancy agreement. It is a 2 bedroom house so it is just me and my colleague.

Pixie5740

If it's a joint tenancy just between you and your colleague, and you are renting the whole property then as long as your colleague doesn't mind your partner staying over then it doesn't have anything to do with the landlord or letting agency. Your partner staying over a few nights a week will not create a HMO.

I wouldn't even bother getting into it with the letting agency. I'd just bin the letter.

Guest101

chunter481 wrote: »

He lives an hour away and I teach during the week otherwise this wouldn't be so awkward. His job is flexible enough that he can travel that extra bit in the morning.
Well there is nothing in my lease to stipulate when guests can stay, it only says we are not to sublet.
Yes we have a joint tenancy agreement. It is a 2 bedroom house so it is just me and my colleague.

Have him over as much as you like, it's no ones business.

I agree with Mark ( as I often do ) I'd refer the agent to the reply given in Arkell v Presdram

chunter481

Thank you all!
10 days in and already a nightmare!

marksoton

chunter481 wrote: »

Thank you all!
10 days in and already a nightmare!

It need not be. Establish an amicable line of contact with the LL direct.

But this agent needs slapping down and putting in their place. And when they come for further fees etc if you have the LL onside you can repeat the FO mantra.

agrinnall

I can't see any reason why a neighbour would care what was going on in another property, so I'm wondering if the person who has told the LA about your partner staying is your flatmate, and they've done that because they don't want your partner to stay so often but are uncomfortable tackling you directly about it.