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

[elcsum]

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...

[WombatChocolate]

You took a short term sublet. It was for a limited time and was explained as a stop-gap to fill the place of someone moving out. It was always a temporary thing. Therefore you have no rights beyond the 6 months and just need to go graciously.

It’s a shame that you’d like to stay but that doesn’t fit with what the others want. But you have no rights to stay.

[Excited101]

Move out op.

[AmbientLighting]

I don't think you should tell on them for wanting a fifth person though given that you would be happy to stay snd continue breaking the rules.

[AmbientLighting]

I think if they sublet the room to you for 6 months they would want to get someone to replace you after the six months had passed so I think it's fair that you leave tbh

[Iusedtoliveinsanfrancisco]

Well it will be slightly cheaper as council tax will be split 5 ways instead if 4. Landlord will be in trouble for overcrowding

[GreyhoundG1rl]

I don't know why people have decided to argue among themselves about the position of head tenant. Op herself says there is one?

[TheKeatingFive]

You said you’d move out after six months so move out. Just because you can technically stay doesn’t mean it’s the right thing to do. Keep your word.

I agree with this. You told them your intentions and they made plans accordingly. I don’t think it’s fair to change it all up now because it suits you.

[OhRene]

I'd give it up. I wouldn't want to live in a place where possibly two of 3 other tenants are pissed off with me. Maybe you can pop into the agents office and let them know that as two new people will be taking your tenancy spot you'll like to know if they have any other properties available. 🤷🏻‍♀️

[NoIDontWatchLoveIsland]

You sublet the room for 6m. I don't think you really have a leg to stand on.

[Franklyfrost]

You said you’d move out after six months so move out. Just because you can technically stay doesn’t mean it’s the right thing to do. Keep your word.

[JinglingHellsBells]

In a shared flat, in most cases, one holds the main tenancy. They're responsible for the landlord getting the full rent for the flat, and for arranging and paying the utilities (and getting that back off the others

Not always @saraclara. Lots of people especially students sharing a house, each have their name on the tenancy agreement. If one leaves, the others need to find a replacement. If they don't , the rent is then divided amongst those who remain. The OP is using a room vacated by someone else who is presumably on the lease.

What she hasn't clarified is if each tenant has their own contract (which can happen in a shared house) or if the 'head tenant' is the leaseholder and taking it upon themselves to sub-let.

[JinglingHellsBells]

@bigdecisionstomake

As others have said, council tax is per property once you've got two or more occupiers so won't change if there are 5 rather than 4 occupiers.

5 bed properties however now need a mandatory HMO licence - if the property is in England. Therefore moving a fifth person in could potentially put the landlord unwittingly in a position of breaching housing law so is a really stupid idea. If the agent/landlord realises they will need to act to evict immediately or face prosecution. If the tenants are on a joint tenancy everyone will have to be evicted.

Either way, I think you're probably best out of it. If your name isn't on the original tenancy then you don't have very much in the way of rights to stay but it sounds like it might be a toxic atmosphere anyway, even if you could persuade the other tenants to agree to you staying.

I think what she means is that everyone who shares contributes to the council tax. So even though it's the same for the house, it's divided by 4 people who each pay their 1/4. If there were 5, they would each put in a 1/5th to make up the total.

[MargosKaftan]

In your position I would move. If you make them keep you, it'll be a hideous environment, and then you'll struggle to leave.

I would quietly ask the tenant who's not sure about having 5 people in a flat for 4 if they would like to look at 2 bed at to rent with you.

[picturesandpickles]

In your position I would move, the atmosphere will be grim and if you have two people in a sort of relationship that'll potentially go sour too.

£100/month is, ir affordable, worth paying for a more secure and pleasant place.

[SchadenfreudePersonified]

She shouldn't rat on them to the landlord - it's spiteful and not her business.

But often multiple occupancy buildings are only insured for X number of tenants. X+1 negates the insurance - the landlord can't claim for any damages that occur (even if these are things that aren't related to the tenants' behaviour, and if anything happens to the tenants/property, then they aren't covered either.

Yes, it's vengeful (though I would do it!) but in practical terms what they are intending to do is illegal.

[saraclara]

@tttigress

Is there such a position as "head tenant"?

In a shared flat, in most cases, one holds the main tenancy. They're responsible for the landlord getting the full rent for the flat, and for arranging and paying the utilities (and getting that back off the others). They also have to find replacement flatmates (unless they have an agreement with their flatmates that each person who leaves, sorts out the advertisement etc). But if the room is empty, they have to find the balance so the LL gets his/her cash every month.

Some letting agencies let out each room separately with bills included, but that's less usual

[WombatChocolate]

Where a property has a number of bedrooms but is let as a single unit (not a house of multiple occupation where people rent an individual room) then there can be a named tenant who is the contact for the LL or agency.

A LL or agency doesn’t want to have to deal with 5 or 6 people and so 1 person is named for dealing with maintenance issues and liaising about contract renewals etc. It is simply more practical. All people who live there will usually be named in the tenancy though and all become responsible for the rent.

OP sounds like she need a room in an HMO. She will have an Individidual tenancy for her room and use of communal areas. Her tenancy is not impacted by others and when they come and go.

[tttigress]

Is there such a position as "head tenant"?

[HamFlaps]

I’d move out then wait a few weeks then don’t them in. Immature? yeah, but if they’re being horrible to you sod them!

[EveryDayIsADuvetDay]

I think I'd look for somewhere else - I wouldn't want the hassle of living where I wasn't welcome.
The fifth resident could create a large HMO though - check, I'm not sure if its based on tenants or households, if it does, report to the local council.

[osbertthesyrianhamster]

The LL may not want another person in there so I'd make him at least aware of that, also that his lead tenant is putting people off and wanting to run the show as if it's her own property.

[GreyhoundG1rl]

@FangsForTheMemory

Move. I've lived in a shared flat with people who needed me to pay part of the rent but didn't actually want me there. It was misery.

Also: dob them in. Not only to the landlord but to the local authority. They sound thoroughly dodgy to me. Get your post forwarded so that they don't need to know where you're moving to.

A couple count as a household for HMO purposes, so not only is your
suggestion extremely spiteful it's also irrelevant and futile.

[RedHelenB]

You said you wanted it for 6 months.I think it's tough luck now they have someone else lined up.

[FangsForTheMemory]

Move. I've lived in a shared flat with people who needed me to pay part of the rent but didn't actually want me there. It was misery.

Also: dob them in. Not only to the landlord but to the local authority. They sound thoroughly dodgy to me. Get your post forwarded so that they don't need to know where you're moving to.

[Hazel444]

@Fundays12

Move out then report them to the agency and council tax. They have treated you badly and deserve what they get.

How have they treated the OP badly though? The flat mate was looming specifically for someone for 6 months and the OP agreed to take the room for said 6 months, but has now changed their mind..