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Tenant wants to change rooms, in the same flat

Started by Diversity, March 31, 2025, 01:17:49 PM

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Diversity

The flat is let room by room (separate AST's).  One tenant is leaving his first floor bedroom end of next month. The loft room tenant wants to take his room.

What's the procedure to change over?

Tenant just wants to continue tenancy but different room. But my guess is it's not that simple.  And that the correct procedure is...

 He has to sign a new tenancy for the other room he wants to take

 Pay the deposit for this room

Check-out from his current room

Check-in to the other room

Return his deposit for loft room

Is this correct?  And I have to pay for the check-out and check-in and inventories. So it's costing me for him to switch. He only wants to stay 5 months for the 2nd room.

Any advice, info appreciated

DPT

I believe that if its a room only tenancy then a different room is a different address and therefore a new tenancy. I think you should probably do a full check out, surrender and re-grant with all attendant documentation and refund the balance of the deposit after deductions and take a new deposit.

heavykarma

I would refuse to go through this hassle for someone just wanting the room for 5 months.

Simon Pambin

Quote from: Diversity on March 31, 2025, 01:17:49 PMAnd I have to pay for the check-out and check-in and inventories.

Assuming you're not in a position to do these yourself, how much of check-in would you need for a tenant who already lives in the building?

Does the tenancy agreement specify the room?

Diversity

#4
Quote from: DPT on March 31, 2025, 03:02:12 PMI believe that if its a room only tenancy then a different room is a different address and therefore a new tenancy. I think you should probably do a full check out, surrender and re-grant with all attendant documentation and refund the balance of the deposit after deductions and take a new deposit.

Not worried so much about the address, as its the same flat, just a different room, But each tenancy specifies which room the tenant has occupancy.

Had advice from another forum poster that this could be handled via a tenancy amendment or variation instead of new tenancy etc, and avoid new deposit, return of original, registrations etc..

Diversity

Quote from: heavykarma on March 31, 2025, 03:29:15 PMI would refuse to go through this hassle for someone just wanting the room for 5 months.

The same thought has crossed my mind

Diversity

Quote from: Simon Pambin on March 31, 2025, 03:30:59 PM
Quote from: Diversity on March 31, 2025, 01:17:49 PMAnd I have to pay for the check-out and check-in and inventories.

Assuming you're not in a position to do these yourself, how much of check-in would you need for a tenant who already lives in the building?

Answer:  The same as his orginal check-in, but this time to check him into a different room in the flat

Does the tenancy agreement specify the room?

Yes

DPT

Quote from: Diversity on March 31, 2025, 07:05:12 PMNot worried so much about the address, as its the same flat, just a different room

I think youve missed the point. The room IS the address. If he moves, it's a different address.

Diversity

Roll on 2.5 months. Tenant A who wants to room swap still hasn't found a suitable tenant to take over his loft room ensuite to swap rooms.

Property manager was there yesterday to let the gas guy to do an annual gas check. And finds that he (Tenant A) has moved into the spareroom without permission or being offered a room change agreement. Wants to pay the lower amount for the room he has illegally occupied, (is that the correct classification?). (And his 12 month tenancy expires in 3 months). I have not mentioned anything about knowing he has moved rooms without consent; but have emailed him re late rent for his loft room ensuite due yesterday. And if payment is not received by this afternoon by 1pm, we will have little option but to contact your guarantor (his Mother) regarding payment.

Property manager also finds that his loft room has been occupied by Tenant B's " best friends' " sister since Saturday and will stay for a "week or so", till she finds accommodation as hers fell through late Friday and new to London (apparently). Though Tenant B states: "Just to clarify there is no money being exchanged and it was purely offered because she had no other options at such late notice."

I'm looking for advice before I email each of them for breach of their respective tenancy agreements. Relevant clause below...

Have any landlords had this happen to them?  And/or what would you do regarding this situation.  Any sage advice appreciated..



2.1    Not to sublet, take in lodgers or paying guests without the Landlord or his Agent's prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any such consent granted). The Landlord or his Agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.

David

You didn't take the advice offered which probably caused this situation.

What is this allowing Tenants to find new Tenants, recipe for disaster.

You should have locked the door to the room they wanted to move into and declined

We do not have a crystal ball so we do not know what was offered or promised by you.

I would get them out of the room they preferred, tell them to get back into the room on their Tenancy agreement and charge them for rectifying the condition of the room.

I would also increase the rent for the vacated room and rent it to someone else.

They would not have been able to move to that room without your permission if the room had been securely locked.

Ask the people "staying" there to leave immediately, they have no right to occupancy, give them the web link for AirBNB.

Move the tenants possessions out of the room he is squatting in and lock the room securely.

So not be a doormat or people will walk all over you and wipe their dirty shoes on you.

They have no occupancy rights to the room they are squatting in, have a friend of yours turn up to move into that room, change the locks and move their stuff out into the common area or even into their old room.

You can peaceably ask the people who are "staying" in the attic room to leave.  They can be evicted, their stuff put into storage at their cost, they have no occupancy rights.

If dates add up you can issue an S21 to the Tenant of the Attic room, giving the S21 expiry date as the date the Tenancy expires.  Make sure you are legally compliant with everything like Deposit Protection or other issues that void a S21 (check the S21 notes doc on .GOV website for these).

You are not a charity nor running emergency accommodation facility, remember one thing. NO GOOD DEED GOES UNPUNISHED.



Quote from: Diversity on June 10, 2025, 08:49:19 AMRoll on 2.5 months. Tenant A who wants to room swap still hasn't found a suitable tenant to take over his loft room ensuite to swap rooms.

Property manager was there yesterday to let the gas guy to do an annual gas check. And finds that he (Tenant A) has moved into the spareroom without permission or being offered a room change agreement. Wants to pay the lower amount for the room he has illegally occupied, (is that the correct classification?). (And his 12 month tenancy expires in 3 months). I have not mentioned anything about knowing he has moved rooms without consent; but have emailed him re late rent for his loft room ensuite due yesterday. And if payment is not received by this afternoon by 1pm, we will have little option but to contact your guarantor (his Mother) regarding payment.

Property manager also finds that his loft room has been occupied by Tenant B's " best friends' " sister since Saturday and will stay for a "week or so", till she finds accommodation as hers fell through late Friday and new to London (apparently). Though Tenant B states: "Just to clarify there is no money being exchanged and it was purely offered because she had no other options at such late notice."

I'm looking for advice before I email each of them for breach of their respective tenancy agreements. Relevant clause below...

Have any landlords had this happen to them?  And/or what would you do regarding this situation.  Any sage advice appreciated..



2.1    Not to sublet, take in lodgers or paying guests without the Landlord or his Agent's prior consent. (In order to avoid misunderstandings or disputes later, it is strongly recommended that the Tenant obtain confirmation in writing of any such consent granted). The Landlord or his Agent reserves the right to withdraw, for reasonable grounds and upon reasonable notice, any such consent previously given.

heavykarma

I agree with David, you have allowed things to get totally out of hand. Time to read the riot act, they are treating you like an idiot.