HMO construction/tenants rights?

Landlord Discussion Legal
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Hi everyone - I need some advice from landlords who have experience and knowledge of HMO breaches/regulations.

So I currently live in a three-bed flat on a joint tenancy with two friends in S London. Our tenancy contract runs out on 10th September.

Last year, we had an HMO inspection and our landlord was issued a report that required him to carry out certain work before the 26th July 2025 to keep the flat as a 3-bed flat for friends. Part of the issue with the HMO was that one of the bedrooms (mine) is only accessible through the living room, so they need to build a full fire-proofed corridor to create an entry way directly from the hallway to my bedroom.

The building work they are suggesting to meet the HMO requirements before the 26th July is pretty hefty and really disruptive – it would likely take around 10 days at least, I’d lose access to my bedroom, and we’d lose access to the living room, for that entire period that work is being done. The corridor being build would also cut off about a quarter of the living room, which is less than ideal as we’d lose a big chunk of the space we pay for.

The landlord, property manager, and contractor are still discussing the options and the pricing, so it’s not confirmed if they’ll do it or not. But my issue right now is that if they decide they want to go ahead with the works, we are not sure we want to stay and have it all done – it’s obviously very invasive, a lot of disruption that feels inessential to us and nothing we asked for, and would massively impact our experience of living in the flat. Also the living room is the largest room we have and why we chose the flat, so we just don’t feel we want to stay even after all the faff. Plus our tenancy runs out mid-September anyway, so it doesn’t feel worthwhile for us at all.

My question with all this is, if we served our two months because we didn’t want to deal with all these changes to the flat, would we still be legally obliged to let them in to do this construction work in our flat? As technically, we’d still be tenants until past the 21st July with two months’ notice, so they’d be in breach of HMO regulations… I’m not sure what the laws are around this, but I’m concerned that they’re in their rights to just barge in and do it anyway, whilst knowing we’re moving out only a few weeks later, to protect themselves from the HMO fines. Which feels really unfair. It’s such a huge job.

I know that tenants are required to grant access for “necessary repairs” – do you know if HMO regulations like this count as “necessary repairs”?

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Why not take off one of these posts as you will still get a reply

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Wasn’t sure how this community worked (was recommended to post here by a friend!) hence both posts initially!

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I’m not sure which area you are in but I was in a similar situation

I wrote to the local authority and asked if works could be postponed till the tenants depart .

If you have a good relationship with the local authority they do take a pragmatic attitude

It’s not an unreasonable request but since Grenfell I don’t know what they will be like

The other option is to ask your landlord if you can leave sooner than the two months if you find somewhere sooner if the LA are not obliging

You could say that it would be cheaper for you to leave sooner than housing you in alternative accommodation whilst remedial works take place

I’m not sure if they lay out of your flat
I have a bedroom of the living room in a three bed HmO and I have not had to do this as this room is the front of the house
Do you not have any other access in case of an emergency ?

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AA got there before me with same answer You or landlord contact council and see if an arrangement can be made as you will be leaving anyway

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As you and your fellow tenants have exclusive possession of the whole property, you have the right to refuse access for the work to go ahead. As suggested by others, I would try to get both the landlord and the Council on board with this first.

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Happy birthday old chap21 today

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Do you think this appropriate advice considering it is council mandated with a date. Landlords face enough obstacles .
It may be worth the landlord challenging the works . The first time I ploughed ahead and did everything, subsequently I challenge it especially if it’s not in home stamp.

David Smith often states that local authorities demand more than what is legally required

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If only I was 21 ! (x it upwards)

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Even though the Council mandates changes through improvement notices etc, landlords are sometimes unable to comply as the tenant refuses access. Councils could insist that the landlord applies for an injunction to force access, but if theyre brought on side by landlord and tenant, theyd be less likely to do that. At the end of the day if neither landlord nor Council are willing to play ball the tenant could just refuse access on the basis that its too disruptive. An alternative would be for the tenants to move into temporary accommodation during the works at the landlord’s expense. The regular rent would still be payable though.

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Men are like fine wines they improve with age

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This is really helpful thank you. I will try to contact camden council and see if they’re willing to let us stay til the end of our contract this summer.

My flatmates are both wanting to stay in the flat as long as possible. This is part of the issue, we’re wanting to hold onto it as long as we can without having to undergo all this work.

Re your question about other access, no there’s nothing else and we’re on the third floor of a large block so I think the safety issues are a bit more demanding!

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Thanks for your response David, I’ll have a look at contacting the council for sure

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It might be worth asking your landlord to get specialist legal advice
You’ve raised issues that you want a larger living room etc
This may be a problem for him to let in the future
Is the work really necessary

He may not want to incur costs
Out HMO inspector is pragmatic but some are more aggressive than others
It’s not unheard of that they request more than what is legally required

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Unfortunately, if your landlord has been served Legal Notice to complete such works, which may inconvenience you; you unfortunately need to accept it, take it on the chin, or negotiate a reduced rent while the work is completed.
The only other avenue that you have is to take the Landlord/ Agent to Court, but the best outcome will be a reduced rent during the course of the works.
If, however, you are currently on a a Periodic Tenancy, (look that up) you could serve 1 months notice to Landlord in regards to the existing rental agreement.

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Sadly you do not have any voice in mandatory works. You can , however waste your time! The landlord cannot challenge the works unless he prolongues the unavoidable issue to his cost/ inconvenience/detriment and most inevitable conclusion!. It is not ever going to happen!!!

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David Smith has challenged successfully
I’ve had a polite discussion and come to a pragmatic conclusion