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AIBU?

Flatmate wants me to move out so their friend can move in

127 replies

elcsum · 02/05/2021 14:29

As the title says really, but a little bit more complicated. Not sure where I stand.

I live in a shared professional flat with four people. The previous occupant of my room fell out with said flatmate, and left. I moved in 6 months into the tenancy, and when renting the room, said that I did only need the room for the 6 months as I will then be moving to another city.

My plans have changed, and I now need to be in this city for another 12 months. The other flatmates are keen to sign the contract for another 12 months, but the one flatmate (who is head tenant), has made it very clear that my room is not available to renew the lease on. This is because her best friend will be moving in with her partner. She has even announced that the said friend will be moving some things into the sitting room ahead of her tenancy.

Now I know I told them that I only needed to be here for the 6 months, and they probably made plans. But as this is a shared rented flat (none of the tenants own it), surely I have as much of a right to live here next year than they do? The other flatmate often treats the flat like it's hers, and dominates the communal areas.

A reason I want to stay on, is that the flat is a very good deal, and moving somewhere else would easily cost £100 extra a month. Good flats here are very hard to come by. One of the other flatmates is not sure if she will sign again for 12 months, as she doesn't want to live in a four bed flat with five people. Legally speaking too, it is against the HMO lisence and the tenancy, but the flatmate was told that she would pay less council tax as they would only announce four people living there.

Obviously I wouldn't want to live in an environment I'm not welcome in, but I do think it's a bit cheeky...

OP posts:
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EastWestWhosBest · 02/05/2021 14:31

I wouldn’t want to stay with someone like that who I had pissed off.
Move out.

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ClarkeGriffin · 02/05/2021 14:32

Only unwelcome by one person and its not her bloody flat. Go above her and ignore her. If she won't sign, she can move surely.

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DogsSausages · 02/05/2021 14:32

Who runs the tenancy, is it as agent or a landlord, it's up to them to decide how many people live there.

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elcsum · 02/05/2021 14:34

It's run by a professional management company.

Well, it's actually two flatmates who are keen for the friend to move in. But that's only because the two flatmates are in a semi-relationship.

OP posts:
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Bopahula · 02/05/2021 14:34

Nah. I'd sit tight. Just tell them you aren't moving out. So they either sign with you, or get the landlord to evict you properly.

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AmbientLighting · 02/05/2021 14:36

It's a difficult one.

You told them you would only be there six months so it's fair enough that they felt they should find someone else.

At the same time your contract with with your landlord if you are all named on a tenancy and therefore you have as much right to be there as they do I think?

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DogsSausages · 02/05/2021 14:36

Did you sign the tenancy agreement when you moved in, I would stay and they will need permission for an extra person to move in.

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Merryoldgoat · 02/05/2021 14:38

I’d leave. It’s not worth the hassle. They’re being twats but even if you ‘win’ it will just make for a shitty time whilst you’re there.

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murbblurb · 02/05/2021 14:38

It is up to the landlord who lives there, not queen bee. Your decision is - is it worth saving £100 a month to live in bitchy shag central?

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Hont1986 · 02/05/2021 14:39

Do you all sign one tenancy, or individual tenancies?

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elcsum · 02/05/2021 14:39

Problem is, I am not on the initial tenancy, as I have sublet the room. The management agency are fully aware of this though.

They won't be telling the management firm about the extra person moving in. It will be done on the down low, so that couple can split the bills and rent for the room and avoid council tax for one of them. The flat specifically is for four persons maximum.

OP posts:
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Postapocalypticcowgirl · 02/05/2021 14:39

They will probably have arranged a replacement as otherwise they would be liable for your 25% of the rent.

How much notice did you give them (if any) that you would like to keep the room?

If they have arranged for a friend to move in, and you have now asked to keep the room at the last minute, I can see how it would put them in an awkward situation.

Theoretically, I think you have no legal right to stay there, but they have no legal right to ask you to leave. I would deal with the agent/landlord directly.

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TimeForTeaAndG · 02/05/2021 14:40

If you are on separate tenancy agreements then why is there a head tenant?

Tell the landlord/agency directly that you intend to keep on your lease for however long and I'd also innocently enquire as to the licence for an extra person moving in making it a 5 person flat. They can't just not declare an extra person, there are fire rules for HMOs and things. If they want to all live together then they can bugger off and find somewhere that can fit them all.

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Maggiesfarm · 02/05/2021 14:41

@EastWestWhosBest

I wouldn’t want to stay with someone like that who I had pissed off.
Move out.

That.

You'll manage the extra rent somehow or you may be lucky and find somewhere that isn't so expensive.

Flat sharing often throws up problems, I've heard so many stories, yours is not unique. That doesn't help you right now of course but, honestly, better things are ahead. You might even find a studio flat on your own that you can afford which, frankly, would be a lot better.
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purpleleotard · 02/05/2021 14:41

Is the tenancy agreement "joint and several" or "individual"?

If the former you have as much authority and any of the others.

If the latter then they have no say over your tenancy.

The big question is " are you strong enough to stay in the room when there may be some animosity in the house'?

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TimeForTeaAndG · 02/05/2021 14:41

Cross posted with your update, OP. If they can ensure you won't be on the new lease then fuck them, definitely tell the agency about the extra tenant.

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TimeForTeaAndG · 02/05/2021 14:42

Try the smaller rental sites like spareroom that might have slightly cheaper prices through private room lets.

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GabriellaMontez · 02/05/2021 14:42

You're within your rights to change your mind. It's one if the benefits of renting. I'd stay as long as you dont think the atmosphere will be hostile.

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notanothertakeaway · 02/05/2021 14:42

I'd be tempted to move out, then report them for over occupancy

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BramStoker · 02/05/2021 14:44

You are being treated unfairly but I honestly wouldn't want to live for 12 months with people like this

YANBU to feel pissed off but personally I would be looking for a new flat share elsewhere rather than digging my heels in

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Catawaul · 02/05/2021 14:45

The council tax would be the same whether there were 2 or 200 people living there.

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LizziesTwin · 02/05/2021 14:46

Isn’t council tax per property not per inhabitant?

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Hopdathelf · 02/05/2021 14:48

On principle I’d say you should stay if you want and go above their heads. However in practice do you really want to stay for a year with flatmates who resent your presence?

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BlackAmericanoNoSugar · 02/05/2021 14:52

I would move, you shouldn't have to but it will be a miserable atmosphere if you stay. It's one of those 'you can be right, or you can be happy' situations.

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WhereYouLeftIt · 02/05/2021 14:57

@elcsum

Problem is, I am not on the initial tenancy, as I have sublet the room. The management agency are fully aware of this though.

They won't be telling the management firm about the extra person moving in. It will be done on the down low, so that couple can split the bills and rent for the room and avoid council tax for one of them. The flat specifically is for four persons maximum.

I would move, simply because it sounds as if this person wouldn't think twice about making your shared home a living hell for you. That is easily worth £100/month to avoid.

Of course, I'd also be telling the management firm about the extra person moving in.
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