Landlord won’t let boyfriend move in

[Househelp101]

My friend and I have been living in a 2 bedroom rented flat for nearly 18 months now. We wanted her boyfriend to move in, and asked our landlord who has said no. Can anyone please advise on any way we can get our landlord to change his mind? He hasn’t given a reason at all and so would be grateful for some advice! Thank you.

I'm not sure he can say no can he? It's not changing the tenancy, or overcrowding the property?

I think you’d have to terminate the current tenancy agreement and then sign a new one with the new tenant providing a financial reference/guarantor or whatever procedures you went through when you originally took out the tenancy. It’s to protect the landlord financially and legally.

It might be something to do with HMO regulations. Two people will not be a multiple occupation, but three might. And he might not be allowed to run a HMO letting. Maybe.

My money is on HMO too.

It’ll turn it into an HMO, if you are in an area where article 4 has been enacted he legally can’t let him move in.

Do you mean you move out and her boyfriend move in?

Presumably he wanted to let to two sharers and not to three people (unless you're moving out and it's a swap number-wise). The LL might think that three people is a more intensive use of the property than he wants - he may have turned down three people to accept you and your friend originally.

I know it's not what you want to hear but it's not unreasonable of him not to accept 50% more people living in the flat than he signed up for.

Thanks for all your advice. Just to clarify, I would be staying in the flat too, and he would move into my housemate's room. The flat has two double bedrooms and is more than big enough for a third person. Good point about HMO, I didn't know about that. Having googled, it seems he would only need a licence if it's more than 5 people? (I may be wrong though..!)

We are happy to add him to the tenancy, get references, pay more rent, etc.

The landlord didn't give us a reason as to why it wouldn't be allowed, so we have emailed to ask. Fingers crossed..!

Honestly, it's his property and he's perfectly entitled to decide who he is prepared to rent to/have living there.

I understand it's annoying, but he doesn't need to provide a reason. You can't get him to change his mind. If you want to rent a place with 3 of you you'll maybe have to look to move somewhere else.

3 turns it into an HMO. Massive change of legalities - even if the local area doesn't insist on a licence, it will change his insurance and may well result in extra stuff such as fire doors.

any mortgage company may also have something to say about it.

plus the extra wear and tear from an extra person, which could be compensated for by increased rent.

he doesn't have to say yes, or give a reason, any more than you have to say yes to such a radical change on the tenancy that he might make.

if he continues to refuse, you will need to move.

In my area a small HMO (which you need a licence and for) is 3 unrelated people.

At one point my friend moved into a flat with my BF and I (not married at this point). We checked and this wasn’t a HMO as 2 of the people were a couple.

I would check the rules in your area, then you can comeback to your LL if they have mixed up the HMO legislation.

If he simply just doesn’t want 3 people in the house, why not just give notice?

In my area we would get something much bigger and/or cheaper if we moved, as the market has been flooded with ex AirBnBs. The flat above us (small 2 bed) has come down in price from £980 to less than £750 pcm since Covid.

Likely to be due to HMO regs as others have said (House of Multiple Occupancy). The boyfriend moving in could tip the people living there into more than the landlord is insured for. Unfortunately in rental situations he does have the right to choose who does and doesn't live there, sorry OP.

And just clocked your post about more than 5 people, in my last rental in Kent the rule was 3 or more if unrelated, so our landlord had to apply for the let to become HMO. Apparently it can be quite expensive?

I honestly think you just have to accept his no. It's his property, and he has the right to to say how many people he wants living in it.

The bf will be classed a a family member of your friend though, so it's still not counted as an HMO as he's not a seperate household. Different if he were just a friend.

ImFree2doasiwant in my last rental boyfriends/girlfriends didn't count as family members as not blood related or married? I'm also not sure whether the HMO side of things is about literally how many people live there as opposed to how many couples if that makes sense?

He doesn’t have to say yes! If you don’t like that, just move

I'm pretty sure 3 unrelated people constitutes an HMO

5 or more is an HMO requiring a mandatory licence, 3 or more is at the discretion of the Local council/planning authority, and increasingly they will include these smaller HMOs, generally to weed out issues like bad landlords, ASB, overcrowding etc.

He is entitled to say no and not give you a reason. Accept this and move if you still all want to live together.

The LA I work for wouldn't consider a partner moving into the current arrangement, as an HMO. Maybe check with yours OP.

HMO regs have changed very recently.

It may be nothing to do with regulations. He just doesn't want another tenant and he doesn't have to take one if that's the case.

Give him notice and find another place.