Question: Landlord wants to rent a room in my place. Pandemic restriction?

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    Question: Landlord wants to rent a room in my place. Pandemic restriction?

    Hi,

    Me an my friend rented a place together. We needed something for six months but, after talking with the landlord, he said that one of us can have a six month contract (friend) but the other must have a nine month one (myself). We agreed and I told him that I was willing to pay for the whole place the last three months because I didn't want someone else to live with me and he agreed verbally. When my friend left, I tried to talk to him about paying for the whole place but he "didn't remembered". He insisted in looking the contract, which just indicated a general nine month contract for half the price of the apartment (this is my fault for not reading the contract).

    Now, two guys have come to see the room of my old roommate to live with me these three months. Can the landlord do this? Wouldn't this situation break the COVID rules of not staying overnight in another household?

    Thank you!
    Regards,

    #2
    Did you have a room-only tenancy agreement? This is where you are only renting your bedroom exclusively but have use of the communal space? If so, then the landlord is allowed to rent the other room to another tenant. Provided that this is done safely, there is no covid restriction on this.

    If, on the other hand, your tenancy agreement doesn't state that its just for a room, but simply mentions the whole property address, then the landlord will have made a big mistake and you can point out to him that you have exclusive possession of the whole property and he cannot rent the other room to anyone else.

    Comment


      #3
      Thank you DPT57 for your reply! I don't know much about different types of tenancy agreements but I think it refers to the whole property. because:
      - The title of the agreement is: Fixed term assured shorthold tenancy agreement.
      - The description says: This agreement is legally binding. Signing it means that the landlord is transferring possession of the property concerned to the tenant named below....
      - The document doesn't mention a room. It only mentions the property.

      I still am a little bit confused... originally me and my roommate signed a similar agreement separately (each had a contract)... the only difference between documents is the term (six and nine months). How can each document refer to the same property? Transferring the possession of the property to two different people doesn't make much sense to me. Couldn't the landlord just do the same with a new tenant that comes and accepts the room?

      Regards,

      Comment


        #4
        Surely the obvious solution is for you to keep paying the full rent, and not let anyone view or move in?

        Tell them you've got Covid, or some such nonsense.

        Comment


          #5
          hahaha I told him that at the beginning but he didn't remember our verbal agreement. He was very resistant for me to pay the full rent for these three months. The only explanation is that he wants another person to sign for a full year maybe

          Comment


            #6
            If the tenancy agreement is for the property and you are the only named tenant, the landlord can't force you (legally) to give up possession of the property or any part of it.

            It's quite possible that the agreement isn't what either of you intended, because you obviously knew you were sharing when you moved in, but that would simply make things very complex for either of you if the issue went to court.

            I'm not sure if that helps in practice, the day to day position and the letter of the law aren't always the same thing. But, if it's an Assured Tenancy Agreement and it's for the whole property, moving someone else in is a criminal offence by the landlord - it may help to suggest that they take some legal advice.
            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).

            Comment


              #7
              Originally posted by asking_33 View Post
              How can each document refer to the same property? Transferring the possession of the property to two different people doesn't make much sense to me.
              The landlord made a mess. As you say, they rented the whole property to two different people at the same time and on different terms and you you could probably have sought redress at the time, but it suited everyone and so didn't really matter. However, he is now left with the legacy of that, which is that you have exclusive possession of the whole property on the rent that's in your contract. You can simply point that out to him and decline to allow anyone else in.

              While the above may be the legal position, it will not do you any favours if you intend to continue renting in the longer term. The landlord will seek to evict you and although it may take many months, you will eventually have to leave and probably without a good reference. If on the other hand, you're saving to buy your own place.....

              Comment


                #8
                jpkeates,

                Thank you for your reply. It is a tricky situation. It was so clear to me before moving with my roommate. Living together and then paying the whole place for 3 months. Still a little bit angry with the landlord... he was so stubborn about not wanting me to pay for the whole place because it wasn't on the contract (this part was my fault). But also it's quite weird that he wants to rent at different times... well I can't get into his head to know what he is thinking.

                Comment


                  #9
                  DPT57,

                  Thanks for clarifying my questions. My contract finishes at the end of June. It's only three months so I don't think the landlord would go through the whole legal process and I don't have any intentions to stay here.

                  I will speak to him with the information that everyone kindly posted. I will try to convince him that its better to finish my rent so he can advertise the whole place instead of a single room in a two-bedroom apartment.

                  Comment


                    #10
                    If you want to be helpful to him, suggest that if he wants to rent the rooms individually in future he should consider room-only tenancy agreements as that's the only proper basis on which he can do that.

                    Comment

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