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  • Rent-to-Rent

    Am I living in an illegal R2R set up?

    Hello there,

    Location: London.

    I live in a single room in a house with others 4 people (a couple and 2 others single flatmates) so we are a total of 5 p in 4 rooms (where 3 are real bedrooms and one is a living room adapted to a bedroom) and we share 1 bathroom and 1 kitchen.

    Only one person (the guy of the couple) has a regular contract (I don't know what kind and if he has one actually) and he is sub-letting the others rooms to us but without any written contract.

    Is that legal?

    Thanks

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    Probably not. He should be giving you a written statement of your tenancy terms.

    What you are describing is probably a licensable HMO and it will be a condition of the license that you get such a statement.

    Have you checked with the local authority register of HMOs to see if your property is licensed? You might also try to contact the owner. He or she may be unaware that the property is being sub-let in this way.
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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Thanks for commenting David.

    Surely 5 people sharing one bathroom is unacceptable?  Also what about fire safety?  This property is likely unsafe from that perspective.

    ​If Corsi finds out that it is not licenced, what can he do?

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    As a lodger landlord this sounds like a familiar arrangement, albeit a little crowded. 5 people sharing a single kitchen and bathroom is workable but it takes cooperation. It's still common for people to let rooms to lodgers without any formal contract and you may have a licence to let or a tenancy. The property is probably a licensable HMO although this depends on the status of the other occupants. The property owner may or may not be aware of the arrangement, do you know that the person you pay rent to is not the owner or a family member of the owner (this changes the HMO criteria)?

    You don't state why you have asked the question, it may just be curiosity. If there is an issue with your living arrangement I recommend that you first try to resolve this with the person you pay rent to. If there are reasons why you can't do this then Citizens Advice will be able to offer guidance.

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    A good teacher must know the rules; a good pupil, the exceptions.

    Martin H. Fischer