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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

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:

saraclara · 02/05/2021 17:01

No one signed anything saying the OP was only entitled to the room for 6 months, so she's not done anything wrong by now requiring it for longer

That's exactly what OP DID do. The contract she signed was only for six months. The tenancy is on the lead tenants name, and OP is actually sub letting from the previous (non-lead) tenant. She has absolutely no rights at all beyond the six months that she signed for. And on top of that she told the lead tenant that she would definitely be leaving for another city at the end of it. What on earth would you expect the lead tenant to do? Wait until the last day to advertise for a new flat mate and risk having to pay the extra room rent herself until she found someone? That would mean doubling her own rent.

user1471538283 · 02/05/2021 17:04

I would move out. My friends apartments building is for two each apartment. There are at least four in one of them and no one cares. I think they only care if the rent is being paid.

IntermittentParps · 02/05/2021 17:05

A contract for six months isn't a contract to say you will definitely not change your mind at the end. I've signed six-month contracts before and then stayed on and signed a new one.

And on top of that she told the lead tenant that she would definitely be leaving for another city at the end of it.
Only verbally.

What on earth would you expect the lead tenant to do? Wait until the last day to advertise for a new flat mate and risk having to pay the extra room rent herself until she found someone?
We don't know how much notice the OP gave of her plans changing, but it's not necessarily 'the last day'.

GreyhoundG1rl · 02/05/2021 17:12

A contract for six months isn't a contract to say you will definitely not change your mind at the end. I've signed six-month contracts before and then stayed on and signed a new one.
Well, this is a sub contract, with all parties being fully aware that it was for 6 months only. The right to renew lies with the actual tenant op is subletting from, not op.

sunflowersandbuttercups · 02/05/2021 17:15

YABVU.

You told them you'd only stay for six months - of course they needed to find someone to move in after that! What do you expect them to do? Tell the new tenant they're now homeless because you've changed your mind?

sunflowersandbuttercups · 02/05/2021 17:16

A contract for six months isn't a contract to say you will definitely not change your mind at the end. I've signed six-month contracts before and then stayed on and signed a new one.

But this isn't a contract with the landlord, OP is sub-letting from another tenant.

Flowers500 · 02/05/2021 17:17

@IntermittentParps

A contract for six months isn't a contract to say you will definitely not change your mind at the end. I've signed six-month contracts before and then stayed on and signed a new one.

And on top of that she told the lead tenant that she would definitely be leaving for another city at the end of it.
Only verbally.

She has every right to change her plans and say she wants to stay, she is free to approach the landlord and ask to rent it in her name, if she can get together a group of co-renters. She has no ability to demand someone else takes out a co-lease with her

saraclara · 02/05/2021 17:20

@GreyhoundG1rl

A contract for six months isn't a contract to say you will definitely not change your mind at the end. I've signed six-month contracts before and then stayed on and signed a new one. Well, this is a sub contract, with all parties being fully aware that it was for 6 months only. The right to renew lies with the actual tenant op is subletting from, not op.

Thank you for putting this more clearly than I did!

I can only think that some posters on this thread have never come within a country mile of a flat share. They clearly have no clue how they work.

FirewomanSam · 02/05/2021 17:24

The council tax and over-occupancy stuff is a red herring really (although they’ve definitely misunderstood how council tax works!) You’ve been sub-letting the flat for a fixed period so I’m not sure you have a leg to stand on, unfortunately, even though it seems really unfair on you.

I suspect if you speak to the letting agency they will just tell you it’s up to the lead tenant to sort it and won’t be interested in helping you out as a sub-letter. Speaking from experience when I was hoping to sub-let a room, with the letting agency’s permission, and they could not have been less interested in speaking to me.

HarveySchlumpfenburger · 02/05/2021 17:26

@GreyhoundG1rl

A contract for six months isn't a contract to say you will definitely not change your mind at the end. I've signed six-month contracts before and then stayed on and signed a new one. Well, this is a sub contract, with all parties being fully aware that it was for 6 months only. The right to renew lies with the actual tenant op is subletting from, not op.

Wouldn’t that then give the tenant the is subletting from responsibilities of a landlord then?

I think you might need some proper advice on how this should have been handled from both sides and where it leaves everybody, not AIBU advice.

SunshineCake · 02/05/2021 17:26

Leave then report them. Queen Bee wannabe needs a lesson.

blobblob · 02/05/2021 17:27

If you've sublet then you don't have the right to be there. They can give you notice.
You can screw it up for them and be a bitch about it if you like. You said 6m. They made arrangements for someone else to move in. That person was told they could. You'll mess it up for them well as they'll now have to start looking for someone else.

Not a very nice person.

grapewine · 02/05/2021 17:29

@sunflowersandbuttercups

YABVU.

This is it, really. You need to suck it up, sorry.

MrsHuntGeneNotJeremyObviously · 02/05/2021 17:32

I'm not sure why people are saying the flatmates have behaved badly. It's the OP who is trying to change the terms of their original agreement.
She shouldn't rat on them to the landlord - it's spiteful and not her business.

GreyhoundG1rl · 02/05/2021 17:35

@MrsHuntGeneNotJeremyObviously

I'm not sure why people are saying the flatmates have behaved badly. It's the OP who is trying to change the terms of their original agreement. She shouldn't rat on them to the landlord - it's spiteful and not her business.

Me neither. Presumably any bad feeling was generated by op herself declaring she wasn't moving out as agreed!

Username7521 · 02/05/2021 17:40

Personally I think you’re being unreasonable. You told them 6 months, you’re subletting and not on the lease. There is a chance they wouldn’t have sublet the room to you if you wanted a long term stay or when you made your intention know they found someone else to take the room.

Mmn654123 · 02/05/2021 17:41

You sublet a room for six months. Of course you should move on.

The lead tenant is responsible for the property and she doesn’t want to sublet to you. The reason is irrelevant. Time to go.

bigdecisionstomake · 02/05/2021 17:50

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.

Mmn654123 · 02/05/2021 17:57

A couple counts as a single family unit for HMO purposes.

SundayBloodySunday · 02/05/2021 18:01

You have a contract with the landlord not the 'head tenant.' If you want to stay, the tenant cannot make you move. The landlord will not want to evict you. If Head Tenant wants to live with her friend, she can move out. If you can live with such CF behaviour, sit tight.

YellowGlasses · 02/05/2021 18:04

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

It is cheeky but you aren’t welcome there and you’ll end being very aware of that. Just move out and in future be more vague eg say you are unlikely to stay beyond six months but can’t confirm just yet.

grapewine · 02/05/2021 18:05

You have a contract with the landlord not the 'head tenant.'

Nope. From OP's update: Problem is, I am not on the initial tenancy, as I have sublet the room.

murbblurb · 02/05/2021 18:07

Ah, a sublet. God knows what the actual position is, or even if the landlord knows!

ConnieCaterpillar70 · 02/05/2021 18:08

I'd deal with the landlord/letting agency and not queen bee.

See what their take on it is, and mention your concerns that you're being replaced by a couple. If 2 others talk to you, and 2 don't - I'd take that chance for 12 months.

Hazel444 · 02/05/2021 18:20

I think as you said you'd only be there for 6 months then it's a fair enough that the flat mate has assumed her friend could move in. Had you told them in advance you wanted to stay longer or has this only just come up?What has this flat mate said when you told them you wanted to stay?
I can see why you are annoyed but you are the one who has moved the goal posts, having said that though, this flat mate doesn't own the flat so it's not really up to them if you don't want to move out!

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