UK Landlord Forum / Life

Myself and my housemate have an assured shorthold tenancy agreement for a 2 bed property.

When we moved into the property we requested our landlord 'tidy/clear' the basement as it was like a building site. He has recently completed the works in the basement and completely renovated it - we thought this was great....

He has now turned up at our property (with no notice btw) to inform us that he's planning on letting out the basement.

My question is can he do this?! Our contract states to "use the property as a single private dwelling" and "not to let any other person live at the property".

If another person was to move into the basement they would be using our kitchen, washing machine etc. as these have not been fitted in the basement - surely this means the property would no longer be "single" nor "private" and breaks the contract? 

Absolutely... I would think you're spot-on. Even if your agreement didn't specifically spell out "single private dwelling" you have an AST which should grant you (two) exclusive rights to reside there... now, if you're actually in an HMO or have some kind of Lodger agreement (which seems very doubtful)... or the Landlord had done works which resulted in the basement being considered a completely separate address (which seems very doubtful), with kitchen, toilets, metering, its own Council Tax etc., then maybe... but, I've gotta say, even then... no!

Are you absolutely sure your Landlord didn't relay this to you with a nod and a wink... like, it was a joke?

Nope the landlord was being 100% serious  A letting agent was also present.

But Phewf!! Feeling slightly less stressed now.

Is there a way of finding out if we're in a HMO?

Does the basement have its own separate entrance?

He may be able to let it to someone else for a non-residential use (such as storage) if the basement (a) isn't included in your tenancy, (b) has its own door to the street, and (c) can be separated from your flat by way of a lockable door.

Yes the basement has its own separate entrance which we also have keys for. There is not even door between the basement and ground floor kitchen and so whoever was in the basement would have full access to all rooms in the house including the upper floors.

There is no mention of the basement in our tenancy agreement, but we were shown round the basement prior to moving in and have it documented on the 'pre-tenancy agreement' that the basement should be tided before we moved in. We were therefore under the impression the basement was for our own use and not going to be let to somebody else (if this were the case we wouldn't have requested the basement to be cleared in the first place).

Write to the agent, and keep a copy of the letter in case you need to produce it later.  Tell the agent that your position is that you have rented the basement and you have not agreed to it being let to anyone else.

Then, just as a precaution, start looking for somewhere else to live.

Quote from: avr94 on May 29, 2019, 12:49:07 PMIs there a way of finding out if we're in a HMO?

I didn't want to suggest you were... everything you said implies you've a standard AST with exclusive right to the entirety of the property... the clue would be if you had locks on doors and the kitchen etc. were considered communal areas. I don't think this is the case at all... if your Landlord is, indeed, serious then it seems like he's pulling a fast one or has recently made the acquaintance of some Morlocks... so, don't worry, because I heard that Morlocks don't need the use of kitchens... they don't cook their meat.

Morlocks!

More locks!

HMO. Geddit?