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AIBU?

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AIBU to refuse a tenant's vulnerable guest staying in my HMO?

367 replies

Poster555 · 12/09/2026 08:48

NC for this. I know landlords aren’t always popular here.

I own and manage a few HMO’s in a nearby city. All legal requirements fulfilled, and normally have long term tenants.

I woke this morning to a host of missed calls.
One of the tenants, who has been fine for several years, invited his friend/ relative to stay for a temporary period as she was having issues with her landlord.
He did not discuss this with me or the other tenants.

Tenants are of course allowed visitors, including overnight for a day or two ( longer if they are visiting from abroad, etc. it’s pretty flexible).
The Tenancy Agreement is very clear that visitors visit the person, and they should never be left unsupervised in the property or given a key.

Around 6 weeks ago I was at the property for a routine treatment. The visitor was there alone. I had to ask her to leave as harmful chemicals were being used.

I had a chat with the tenant later and he explained it was a one off emergency.

It later transpired after complaints from other tenants and some unexplained damage that she was living in the property.

That was a problem. She had no primary address elsewhere and her presence took the property into the next level of HMO, meaning it needed to be registered.
The penalties for not registering when required are severe.

I told the tenant he needed to tell her to leave.

He did so and was met with a lot of resistance, but eventually she went, only to return in the early hours some days later. He felt he had to let her in.

He asked for my help to get her to leave. She refused, saying the council had told her that I’d have to get a court order to evict her.

Legal advice was that he invited her in and once he told her she was no longer welcome we could change locks when she was out.

She actually went out without a key and whilst she was gone he put her belongings in a locked shed outside, offering to open it when she needed.

That was about a week ago. I thought it was sorted. The calls in the early hours were from my tenant and the police asking if I would agree to her staying the night.

I would have said no and fortunately as they couldn’t reach me she was not allowed in.

This woman clearly has problems. I’d say she is vulnerable, but the same council that was advising her not to leave my property, whilst refusing any sort of practical assistance, would also be the ones taking action against me for running an unlicensed HMO.

The tenant is being bullied by so called friends to let her stay. He is under a lot of pressure but I’ve had to tell him that if he lets her stay I will have to take steps to evict him.

I have told him that I will speak to any official bodies that are trying to pressure him, and to the ‘friends’
I wasn’t expecting to speak to the police at 2-3 am though. Apparently they weren’t happy with me and thought the tenant should be able to take her in.

OP posts:
SuffolkMan · 12/09/2026 13:21

Pumpkindice · 12/09/2026 13:17

The OP said she didn't have the correct visa to get housed by the council, not that she didn't have a visa.

At best it sounds like she is on a visa waiver & has likely overstayed that. It can't do any harm to dob her in to Border Force as an illegal immigrant.

Mcdhotchoc · 12/09/2026 13:21

Is there any scope to move your paying tenant to another one of your properties? Clean break etc

TheSmallAssassin · 12/09/2026 13:21

Namechangerage · 12/09/2026 10:08

Do you not feel bad about changing the character of the street where you’ve placed the HMO with council tenants?

edit to add have lived in social housing and even homeless hostel growing up so I’m not being snobby about it. Just personal experience from 4 HMOs going up near my current house all with single tenants.

Edited

Where are single people supposed to live if they can't afford a property to live in on their own?

Poster555 · 12/09/2026 13:21

19lottie82 · 12/09/2026 13:19

Or even get a dummy one? As suggested the tenant could use it as an excuse to stop her entering, she needn’t know it’s not real / active.

That’s a great idea. Thank you

OP posts:
19lottie82 · 12/09/2026 13:19

Poster555 · 12/09/2026 13:18

That’s an idea I could try to pursue.

I would have to check this out with my landlord legal advice team first though. I am a bit concerned that it might be a breach of the tenant’s privacy.

Or even get a dummy one? As suggested the tenant could use it as an excuse to stop her entering, she needn’t know it’s not real / active.

Poster555 · 12/09/2026 13:18

19lottie82 · 12/09/2026 13:15

OP, could you get a ring doorbell camera? That way the tenant could use it as another excuse as to why he can’t let her in, if she tried returning, telling her that you will know if she’s there and he will be evicted.

That’s an idea I could try to pursue.

I would have to check this out with my landlord legal advice team first though. I am a bit concerned that it might be a breach of the tenant’s privacy.

OP posts:
Pumpkindice · 12/09/2026 13:17

SuffolkMan · 12/09/2026 13:13

Is it an EU country? How long has he lived in the UK? How long has she lived in the UK?

There are various ways you can bring her to the attention of the relevant authorities.

https://www.imsallegations.homeoffice.gov.uk/start

The OP said she didn't have the correct visa to get housed by the council, not that she didn't have a visa.

Poster555 · 12/09/2026 13:16

SuffolkMan · 12/09/2026 13:13

Is it an EU country? How long has he lived in the UK? How long has she lived in the UK?

There are various ways you can bring her to the attention of the relevant authorities.

https://www.imsallegations.homeoffice.gov.uk/start

They are not from an EU country.

I mentioned earlier that part of the reason for my concern is that this person is not known to me. I only know her first name.

With hindsight it might have been a good idea to get her full details, but my main concern was getting rid of her, and I didn’t want to officially acknowledge her.

OP posts:
19lottie82 · 12/09/2026 13:15

OP, could you get a ring doorbell camera? That way the tenant could use it as another excuse as to why he can’t let her in, if she tried returning, telling her that you will know if she’s there and he will be evicted.

SuffolkMan · 12/09/2026 13:13

Poster555 · 12/09/2026 13:06

I am not sure if she is in the UK illegally. She is from the same country as
my tenant and he has the right to work and to rent accommodation.

He has an endorsement of no access to public funds.

Is it an EU country? How long has he lived in the UK? How long has she lived in the UK?

There are various ways you can bring her to the attention of the relevant authorities.

https://www.imsallegations.homeoffice.gov.uk/start

Report an immigration or customs crime – Public Allegations Form – GOV.UK

https://www.imsallegations.homeoffice.gov.uk/start

Puzzledandpissedoff · 12/09/2026 13:12

SuffolkMan · 12/09/2026 13:00

I'm surprised that nobody is picking up on the fact that she has no right to stay in the UK. If she isn't claiming asylum & doesn't have the required visa why isn't Border Force removing her?

It's not a popular topic on MN, SuffolkMan, but it's interesting that the community to which the tenant and this woman belong are said to be keen to encourage him to house her (to help her disappear?)

Hence why I said that the "I don't want her here" - and this after letting her in through multiple doors - is probably just something he feels he'd better trot out in order to keep his own accommodation

Poster555 · 12/09/2026 13:06

SuffolkMan · 12/09/2026 13:00

I'm surprised that nobody is picking up on the fact that she has no right to stay in the UK. If she isn't claiming asylum & doesn't have the required visa why isn't Border Force removing her?

I am not sure if she is in the UK illegally. She is from the same country as
my tenant and he has the right to work and to rent accommodation.

He has an endorsement of no access to public funds.

OP posts:
ChocolateCinderToffee · 12/09/2026 13:06

VointofPiew · 12/09/2026 12:32

Makes her more vulnerable

That’s not the OP’s responsibility. She does have a responsibility to her paying tenants.

Pumpkindice · 12/09/2026 13:02

I'm glad you've recognised that your tenant is in a difficult position OP, yes he made a mistake but we're all human. Hopefully like you say with your backing that letting her in would risk his tenancy he'll be able to stand up to those pressuring him.

ThisDandyWriter · 12/09/2026 13:01

HavingABlether · 12/09/2026 09:08

Moving from 4 to 5 does, even if she's not paying rent. What you find hard to believe about the law is, in fact, irrelevant to the law.

No OP, not unreasonable. It sounds like different bits of the council are working against each other instead of a joined up approach. Underfunding will do that. (See also: HMRC). But you are responsible for abiding by the rules set for you, and you had no alternative.

It’s just not true. In this situation, the LL is not running an illegal hmo. I have a lot of expert knowledge on this area.
if this was me, I’d approach the council and explain the issue and issue formal warnings to the tenant and put in a complaint to the police.

SuffolkMan · 12/09/2026 13:00

I'm surprised that nobody is picking up on the fact that she has no right to stay in the UK. If she isn't claiming asylum & doesn't have the required visa why isn't Border Force removing her?

Puzzledandpissedoff · 12/09/2026 12:59

I don’t think the tenant is technically vulnerable. He is helpful to his own detriment

Unfortunately it's to your detriment too, @Poster555 - something I doubt he truly cares about despite the bleating, especially as it now turns out he's letting her through not one but three doors

Though "I don't want her here" may be trotted out for your benefit I'm afraid I wouldn't give it much credence, and while it's understandable that your main motive is to keep her away I still think a very hard line is needed here

So he seems to "fear people in authority"? Fine - then let yours appear to be the greater one, stick purely to what you have to do, and avoid any and all manipulation

Typo

Poster555 · 12/09/2026 12:49

Puzzledandpissedoff · 12/09/2026 12:43

I have told him that I will speak to any official bodies that are trying to pressure him, and to the ‘friends’

Apart from quite rightly covering yourself in case of comeback, I'm not sure why any "presssure" your tenant's under is your problem to fix, @Poster555?

You've not indicated that he's vulnerable himself, so given the lies he's already told ("it was a one off emergency") I'd be taking a very hard line about NOT allowing her in if/when she reappears, and suggesting he blames you if he really feels he needs an excuse

I'm also wondering if each tenant has their own lockable door and there's a lockable outside door to this HMO, because if so how is she getting in?

I know what you are saying that I shouldn’t need to get involved.

I don’t think the tenant is technically vulnerable. He is helpful to his own detriment.
He is from a different culture and helping others seems to be the norm. He is getting pressure from his community.

I suppose my reasons for getting involved are partly selfish as I think it’s our best chance of permanently getting rid of her.

There is an outside security door to the building, a locked front door to the flat, and each bedroom has its own lock.

She has only ever got into the flat as the tenant let her in.

OP posts:
Caterina99 · 12/09/2026 12:49

Surely you don’t need a court order to evict her as she’s not your tenant? She’s essentially a trespasser there against the will of the landlord and so it seems all the legal occupiers of the house, including the one who let her in in the first place.

Sounds like formally threatening the actual tenant with eviction if he allows his friend back in the property is the way to go. You don’t actually have to evict him, but it means he can “blame you” if his other friends are pressuring him to take in this woman. And if he does continue then ultimately you should evict him. It’s not fair on the other tenants to have their home taken over by this woman causing trouble.

The police will just look for an easy fix. This is not it!

Pumpkindice · 12/09/2026 12:47

If you're in a city, they might have a NRPF social work team. If she doesn't have care needs or a child with her, they'd usually link her in with churches or offer support to help her move somewhere that she has a network (family or home country)
Hopefully it will help, but be aware if she's determined to stay here illegally then she might not disappear. But at least if the police know the score they won't be bringing her to the house. I do feel for your tenant it's a tough position to be in when you might feel a duty to help family but it sounds like he doesn't have the means himself.

RedToothBrush · 12/09/2026 12:44

They have no legal agreement to stay.

If they have said they are living at the property and misled that they have a tenancy agreement that's potentially fraud.

You don't have choices here.

Your tenant is in breach of their tenancy. You would be wise to bin them off.

You have a legal responsibility on the number of people living in the property for which you could be prosecuted.

Your insurance would be invalidated in these circumstances.

You have no idea what this person has done or whether they are cuckooing and carrying out illegal activity from the property.

The social welfare of your tenants is only your responsibility to a point. There are limitations as to how far you can go to look after someone before it turns into a situation where you are liable to be harmed if you do this.

You have other tenants in the property you have a legal and moral responsibility for too. As well as looking after your own interests.

You are a landlord not social services.

And as cold as that might sound, you could make a situation much worse if the council revokes your licence for an HMO and everyone is made homeless.

Realise that you can't save everyone and that there are limitations even for a good landlord.

Createausername1970 · 12/09/2026 12:44

From OPs updates, the unwanted tenant doesn't have the correct VISA and can't claim benefits.

There must come a point where someone thinks that as bad as their old life might have been, being homeless and penniless somewhere else isn't a viable solution.

As much as it might be a temptation to help with giving her temporary housing privately, her situation really won't change for the better.

Puzzledandpissedoff · 12/09/2026 12:43

I have told him that I will speak to any official bodies that are trying to pressure him, and to the ‘friends’

Apart from quite rightly covering yourself in case of comeback, I'm not sure why any "presssure" your tenant's under is your problem to fix, @Poster555?

You've not indicated that he's vulnerable himself, so given the lies he's already told ("it was a one off emergency") I'd be taking a very hard line about NOT allowing her in if/when she reappears, and suggesting he blames you if he really feels he needs an excuse

I'm also wondering if each tenant has their own lockable door and there's a lockable outside door to this HMO, because if so how is she getting in?

Poster555 · 12/09/2026 12:42

I feel sorry for the tenant. He is definitely being put under a great deal of pressure.

I’ve just had him on the phone.

He has had a call from some sort of social worker. He is also not originally from UK and seems to fear people he views to be in authority.

He told the SW that I have said he isn’t allowed to let her in. I’ve repeated my offer to speak to anyone on his behalf.

Maybe if social services are involved she may get some help now.

OP posts:
DuckbilledSplatterPuff · 12/09/2026 12:39

Annoyedbyhusband · 12/09/2026 10:39

You can’t go against the law of your HMO set up, whether or not the police think it’s ’unfair’ is not your concern. Direct the police to the law, junior officers don’t know every aspect of housing and tenancy law, speak to a senior officer at the station, in fact I would go down there and explain the whole situation so it is logged and any further contacts with the police can be directed back to your statement. It might also help to trigger some sort of action for this woman, homeless charity signposting or something like that. I would also write to the council and cc your mp in. You need this out of your concern and put in the hands of the proper authorities. Essentially they are palming her off to you right now an d it’s not your concern to deal with. Your contract is with the council and your tenant, nothing to do with this woman who has somehow now become your concern when she shouldn’t be.

This sounds like good advice... the council etc have more resources to help her than you do.
It sounds like your tenant is in a difficult position and this would also help him