Moving back into a property I rent out rooms in

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    Moving back into a property I rent out rooms in

    I moved into rented accommodation after returning to full time study and currently rent out all bedrooms in a house I own that had been my main residence. I have a residential mortgage with a consent to let. The tenants have ASTs which have gone past the fixed terms so are all rolling monthly now. One tenant recently gave notice so I expect their room will stay empty for a while as I will not be able to arrange viewings during the lock down period. I am thinking about moving into this room later in the summer, should those living at the house be happy with this. I have a good relationship with the tenants there. What will I need to do if I was to move back into the property?

    It will entirely depend on the long term goodwill of your tenants.

    Moving into a property where you are the landlord and the other occupants are tenants is potentially a criminal offence and interferes with the tenancy sufficient to allow them to take civil action against you.

    If there are more than two people living there, you have an HMO and I can't imagine your consent to let allows that.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


      It depends what type of tenancy agreement you have. If its a joint tenancy then your options are limited, but then actually, an individual tenant giving notice would end the tenancy for everyone anyway. If its room only tenancies the you are perfectly entitled to occupy one of the rooms yourself, although you should bear in mind that goodwill is very important in an HMO.

      You should also be aware, that moving back into the property will not make the tenants into lodgers.


        I think but am not sure that if all these rooms are rented out then you have HMO right? (assuming more than two separate unrelated people, it sounds like that). Assuming also that you do not let the whole house out on one AST to a group and that each tenant has their own AST agreement. If so and they have a separate AST then I don't think you need permission to move back to the house as you are just replacing one AST tennant with yourself (unless the AST agreements have special clauses that the current occupiers getting to vet the new replacements)

        As others say this will not make them lodgers but mearly you will be occupying one of the rooms and they will have equal use of all common areas (unless some were excluded by the original AST agreements).... all you can do I think is move back in and share the house then "if and when" each tennant hands in notice or leaves if you decide to refill the room do so by way of a lodger agreement (only if you are living there full time,, if not it will not be valid)... over time when people move on as they do you will end up with all lodgers with more control over your house,,, unless some remain long staying tenants.

        I guess it all depends what the long term plan is. While they are paying and you get on it would seem good to keep the money coming in

        I have no legal experience so please take advice before acting on anything I say, hopefully others will correct any errors in my posting

        All the best Stew.


          Thanks for the replies.

          Its a HMO. 4 rooms are currently let out on individual ASTs. My mortgage provider, the nationwide, are aware of this and gave me a consent to let until the end of this year. My funding for my PhD ends in December so I plan to be moving on to a job somewhere from January 2021. Hence my living there will be a short term arrangement and I plan to get a buy to let mortgage in 2021 when my current fixed term mortgage ends.


            Sounds like you have things well in hand and well planned good for you


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