shared tenancy

scott_oram

So myself, my girlfriend and a family friend have chosen a house to rent and have been told by the estate agent that the landlord would not allow this type of thing, is this due to a different type of tenancy, or would I be able to compromise with the landlord, i.e. slightly higher rent etc..
thanks in advance

Pixie5740

More than one person on a tenancy agreement would be a joint tenancy. Joint tenancies are very common so I'm not sure what the letting agent is talking about. Perhaps they think that 3 of you living together would create a HMO (house of multiple occupancy). Are you in Scotland by any chance?

scott_oram

no im in england, in devon, so there is nothing the landlord would have to change? and its just a case of seeing they will compromise? or is there no problems at all with having 3 people living there?

Pixie5740

In Scotland a house of multiple occupation is a property rented out by at least 3 or more (unrelated) people who share the bathroom or toilet and kitchen. Landlords who want to let HMO properties require a HMO licence. (Source: https://www.gov.uk/house-in-multiple-occupation-licence-scotland)

In England it varies from council to council so depending on your local council's rules it could well be that the 3 of you living together could create a HMO. Either that or the letting agent is talking pish.

scott_oram

okey doke, so would the landlord have to change their house to a HMO, and if is this a long and difficult process?

pmlindyloo

As there are 3 tenants and you are more than one household (you and girlfriend are one household and with your friend you are two households) you are considered to be a HMO.

However, there are two kinds of HMOs depending on the kind of building you live in.

A large HMO must be licensed and the landlord would have to meet certain criteria.

Small HMOs (which yours sounds like) does not have to be licensed but some councils insist that they are.

Have a read of this.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15652/HMO_Lic_landlords_guide.pdf

You could google your council's name and 'HMOs' and see whether it has to be licensed by your council.

To be honest, if it does and your Ll doesn't want to do this, then you will have to find somewhere else to rent where the Ll is happy to do this.

dancingfairy

It depends on how you do it. A joint tenancy between you all would be fine (assuming you all know that if one person stopped paying the others would be liable) but perhaps the letting agent doesnt want to do 3 sets of credit checks and have to deal with 3 people (who could fall out etc etc)?
The other possibility is that you each rent a room desperately and share joint areas. This may cause am hmo and then the landlord would have to pay council tax and have other rules and responsibilities.
Its worth clarifying with the agency what you meant by joint tenancy and what their issue is.
Df

G_M

As others have said, if this would create a licenced HMO, yes, it's a potentially compicated and expensive process for the landlord.

Check the local council rules.

And check with the agent what aspect of the arrangement is the problem.