My housemate has moved their partner into our home. What can I do?

When your housemate’s partner was staying just a couple of nights a week, it wasn’t an issue. However, now it’s every night, and they’re hogging the shower and taking up space in the fridge.

If your housemate is dismissing your concerns, and you’re not sure what to do, your landlord may be able to help.

Quiet Enjoyment

Within reason, it is not the landlord’s responsibility to dictate who you can have as guests at the property, as doing so could interfere with your right to quiet enjoyment of your home.

However, if a tenant moves in an unauthorised occupant, this could become an issue, and it may be necessary for the landlord to intervene.

When is a Guest not a Guest?

There isn’t a single, clear-cut definition of when a guest of the property may inadvertently become a tenant. Some signs that a guest may no longer be considered a guest include:

• Extended stays at the property
• Lack of alternative accommodation
• Receiving mail at the property
• Financial contributions toward rent, utilities, or household expenses

If you notice any of these signs, it’s a good idea to discuss the situation with your landlord.

Overcrowding

Having too many people in a property can affect the wellbeing of tenants and pose serious fire, health, and safety risks.

House in Multiple Occupation (HMO)

A House in Multiple Occupation (HMO) is a property rented out by at least three people who are not from the same household (meaning they are not family members) but share common facilities like the kitchen, bathroom, or living space.

In many cases, HMOs require a license from the local council, particularly if the property houses five or more tenants. Licensing ensures the property meets safety standards and is properly managed.

If moving someone into the property creates an HMO where one didn’t exist before, or if adding a person exceeds the maximum number of tenants allowed by the HMO license, there could be serious consequences for both the landlord and the tenant.

Your Liability

Under most residential tenancy agreements, you are responsible for the actions of any guests you invite to the property. This includes ensuring they do not violate the terms of the tenancy, such as causing overcrowding or creating a situation where the property may no longer be compliant with its HMO license or other regulations. If an unauthorised person stays long-term or becomes an occupant without approval, you could be held liable for breaching the terms of your tenancy agreement.

What Can a Landlord Do to Help?

Problems with unauthorised tenants can be tricky to navigate. In the first instance, the landlord should help tenants resolve the matter amicably. Mediation can be an effective tool for addressing inter-tenant disagreements.

Next, the landlord may wish to try and evidence that there is an unauthorised tenant living at the property. They may wish to conduct an inspection of the property or ask that you provide evidence.

If an amicable resolution cannot be reached, the landlord will consider eviction. A Section 8 notice under the Housing Act 1988 can be issued if a breach of the tenancy agreement occurs. Most residential tenancy agreements prohibit moving in additional tenants or subletting the property without the landlord’s approval.

If you need support, please do get in touch at pickard@pickardproperties.co.uk.