UK Landlord Forum / Life

Hi everyone, i have put together a HMO and have 6 rooms with tenants on AST agreements (i don't live there). (The 5th and 6th tenants moved in within the last 6 weeks.) i am putting my application together for my license which will be done within the next 2 weeks.

I have a tenant who i haven't had the best relationship with, he is 21, out of his fixed term, and very confrontational towards me if i try to suggest things like "don't get it on with a girl on the communal sofa as its communal and would make people feel uncomfortable, or  "your shower room is a mess, can you clean it" and when i spotted him tumble drying 3 cotton shirts and it was on for 140 minutes i suggested maybe 30 minutes  would be a better use of the energy i pay for...

Anyway all i get back from him is his adolescent attitude. So anyway i said to him on the last little outburst from him, that maybe we don't get on so well so if he wants to find somewhere else if may be better for everyone. to this he told me point blank no chance is he going....

So i thought ok well i need to do a section 21, which runs out sept 19th..

yesterday i had a letter from the council saying they had been to the property and that i have 28 days to apply for my licence..(assume he has contacted them) . (i believe the rule is i need to apply within 3 months of the 5th tenant renting a room.) ? ? ?   if this is the rules then i am fine... i would appreciate confirmation of this if you know the answer as i only read this on the hmo daddy site.

on reading, I'm not sure whether a section 21 works until the license has been applied for... ? if not ill have the application in within the week and a new section 21 issued....

otherwise if i was to do a deal with one of the mon-fri tenants and they were to go and i was to move in.... where would i stand in respect of changing my tenants from an AST to a license agreement to get him out quick....

obviously i have no plans to break any rules as this would be bad for my license but would appreciate your feedback on whether this is plausible and legal.

or any other advice will be appreciated
many thanks

I have found that councils will interpret things the way they want.

They will go in fists flying and expect you to capitulate as once.

I would insist on a face to face meeting at the property.

Explain your problems, and your understanding of the law, and that you feel you dont at this point in time need a licence.

Show them your fire risk assessments documents, which you will have in place now I am sure, and other things which show you are a fit and proper person.

Ask for there advice on when they think you will need a licence, and give them good reason why you are holding off, other than the £80 a year it costs, or what ever.

Plus to me it smells wrong if you have what would be a licenced HMO with no licence, and your only reason is you haven't found the tenants ....yet.

Do you see?

They will be fine I am sure if you speak to them properly, and your place is up to scratch, and to be honest, if it's not you would want to know right?

Plus you need to make sure that the planning people are okay with it. Which they may not be, this will only come out from the application.

Hi Alfieboy,

you are not living together with the tenant. Therefore I could understand that he acts in a way you do not expect.
I think he felt that you acting like a parent, do this and don't do that.
He is renting, so it is his responsibility. how long he use the tumbler is his decision not yours. Take a look in the contract. Some tenants could see your behaviour as harassment. Think he is 21, maybe left the parental home to be independent. Let the other tenants have the discussion with him. It is not your business.

I had a tenant before where the letting agency get a hint from the gas and safety check that the apartment looks like a mess. I requested an inspection. I came and the apartment was in perfect condition. I confronted the tenant with the statement and his answer was he had made a spring clean up and throwing a lot of stuff away.

As long as he not damaging anything and gives everything back into good condition it is not your problem.
To tell what he can do or not with his girl is much to far from your side. You are breaking in his privacy.