Tenant changing rooms in HMO

[alidee]

Hi everyone
I have a tenant who lives in an HMO I rent out. He is moving into a different room within the same house. I do not want to give him a new tenancy agreement so can I just write a notice saying he is moving room, the rent is £*** and the tenancy agreement that was signed previously still stands?
The original agreement didn't have the room entered on it, just the address.
Would a letter signed by myself and him to that affect be ok?
Many thanks
Alidee

[jeffrey]

No. A letting, like a lease, is specific to the property/premises/room which it explicitly demises/lets/mentions. It's not "transportable".

[alidee]

Hi Jeffrey
Thanks for your reply. The original tenancy agreement doesn't specify a room only the address of the property so does this make a difference ? The reason I'm reluctant to start a fresh agreement is because I did this with another tenant in the same situation and over night he turned from a great tenant to a nightmare tenant as he then had a larger room and seemed to have his friends there partying rather too much. Thankfully he has now gone.
If I do have to have a new agreement I will but would rather not. :)
Thanks again
Alidee

[jeffrey]

Eh? Did L originally let the whole house, then?

[mind the gap]

Unless his individual AST specifies which part of the whole property is let indivually to him, you have a real can of worms if you want to evict him or even stop him wandering into other people's rooms, surely? :confused:

[alidee]

The property is let to 6 individual people on separate tenancy agreements. All bedrooms have locks on them and they share communal areas.
Alidee
p.s. I'm sure that this has been discussed on the forum before but a long time ago so the thread has now gone.

[jeffrey]

Unless his individual AST specifies which part of the whole property is let indivually to him, you have a real can of worms if you want to evict him or even stop him wandering into other people's rooms, surely? :confused:
I agree. Once L lets whole house to T1, L cannot let any of house to T2 etc.

[Snorkerz]

The property is let to 6 individual people on separate tenancy agreements. All bedrooms have locks on them and they share communal areas.
Alidee
p.s. I'm sure that this has been discussed on the forum before but a long time ago so the thread has now gone.

Just to clarify, if your ASTs have no indication of room number, then you have let the whole property, at the specified rent, to the first occupant. As you can not then let a property (room) that is already let, your subsequent tenants could either be evicted from the property by the original tenant or he/she could technically make them pay him/her rent instead of you for living in his/her property.

So, in order to start clearing this potential disaster, I would re-issue the AST, but this time, and in all future ASTs, specify a room number.

[alidee]

Thanks for all your replies everyone. If I re-issue AST's will it be for original tenancy dates ? I am also handing the management of the property back to the landlord. I have issued the Section 48 with landlords contact details. Should I have the exact same details on the new AST's as the original ones and get them signed for the original date ?
Just thinking of best way to rectify this.
Many thanks again.

[jeffrey]

Surely new ASTs are, er, for new terms?

[alidee]

So new AST's and give them a new agreement for six months from the date they sign the new AST ?
Alison

[Snorkerz]

So new AST's and give them a new agreement for six months from the date they sign the new AST ?
AlisonOnly, of course, if the tenants are willing to sign new ASTs. They already have tenancy agreements (AST/SPT) which they will have to surrender before a new one can be imposed.

[jeffrey]

Grant/acceptance of new one entails implicit surrender/re-grant of old one.