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Can we change the occupants when we are renting?

2

Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    am.jovial wrote: »
    May I know why please?
    Does it not depend on number of bedrooms etc?



    No it's to do with HMO licencing.
  • am.jovial
    am.jovial Posts: 155 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    I found this discussion on a chat group

    "Lodger not comes under HMO its purely commercial. If you want to become Lodger you need to register your House as commercial in all departments Council, HMRC, Health and Safety, Bank also you must run your house as Lodges by name of company not individual. Its just like Hotel formalities but slite different."

    If I am sharing the house with only one person as lodger above is not applicable I guess.
  • LadyDee
    LadyDee Posts: 4,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Why don't you ask the agency? The owner may not permit you to have someone living there who is not on the original agreement. What happens when your partner returns, your "lodger" refuses to move - it could all end in tears. Think hard about what can go wrong, not what can go right.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    am.jovial wrote: »
    I found this discussion on a chat group

    "Lodger not comes under HMO its purely commercial. If you want to become Lodger you need to register your House as commercial in all departments Council, HMRC, Health and Safety, Bank also you must run your house as Lodges by name of company not individual. Its just like Hotel formalities but slite different."

    If I am sharing the house with only one person as lodger above is not applicable I guess.
    Stop using chat rooms except to...... chat. Not the best place for legal advice!

    Lodgers (plural) could make a property an HMO, and as for it being 'purely commercial' that's rubbish.

    There are also tax implications with 2+ lodgers (I'm assuming with one lodger you plan to use the government Rent a Room Scheme ?).


    More here:
    * Lodgers: advice & links for landlords & lodgers
  • am.jovial
    am.jovial Posts: 155 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    I will check more details the provided link, thank you.
    Meanwhile, I found this in my tenancy agreement:
    "-Not to assign, sublet, part with, or share the possession of all or part of the
    Premises with any other person without the Landlord!s or the Agent!s prior
    consent, which will not be unreasonably withheld.
    - Not to take in lodgers or paying guests or allow any person other than the
    person(s) named as the Tenant in this Agreement and any permitted family,
    children or personal staff to occupy or reside in the Premises unless the
    Landlord or the Agent has given consent, which will not be unreasonably
    withheld."
  • HampshireH
    HampshireH Posts: 5,001 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    .......also.... unless I have misread for which I apologise if I have

    One of your posts suggests you have both given notice to end the tenancy and that you may now have changed your mind as a sole tenant and wish to stay.

    They could hold you to your notice & begin legal proceedings to end it. They may not deem it affordble for you to rent on your own.

    They may charge you for any fees they have already incurred in advertising the property for relet.

    The agency are the best people to speak to.
  • am.jovial
    am.jovial Posts: 155 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    HampshireH wrote: »
    .......also.... unless I have misread for which I apologise if I have

    One of your posts suggests you have both given notice to end the tenancy and that you may now have changed your mind as a sole tenant and wish to stay.

    They could hold you to your notice & begin legal proceedings to end it. They may not deem it affordble for you to rent on your own.

    They may charge you for any fees they have already incurred in advertising the property for relet.

    The agency are the best people to speak to.
    Thank you very much taking time to help me here.
    You are right, we had given notice and then asked for an extension of month to which the letting agency agreed after consulting the landlord. I understand they could charge and I will speak to them soon after understanding bit more about lodging.
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
    Ninth Anniversary 1,000 Posts
    am.jovial wrote: »
    I will check more details the provided link, thank you.
    Meanwhile, I found this in my tenancy agreement:
    "-Not to assign, sublet, part with, or share the possession of all or part of the
    Premises with any other person without the Landlord!s or the Agent!s prior
    consent, which will not be unreasonably withheld.
    - Not to take in lodgers or paying guests or allow any person other than the
    person(s) named as the Tenant in this Agreement and any permitted family,
    children or personal staff to occupy or reside in the Premises unless the
    Landlord or the Agent has given consent, which will not be unreasonably
    withheld."

    So after reading your tenancy agreement you hopefully have the answer
    in S 38 T 2 F 50
    out S 36 T 9 F 24 FF 4

    2017-32 2018 -33 2019 -21 2020 -5 2021 -4 2022
  • All you need to do is ask the landlord.

    State you will be living in the flat, responsible for the whole rent etc.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    bear in mind that the clause you quoted above may have been lifted almost word-for-word from the landlord's buildings insurance policy.


    For his insurance to be valid, he has to comply with the policy terms, so he writes the same terms into his tenancy agreement..........
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