My landlord is living in the living room (shared area) they spend 2+ months at a time, they have another house out of time but for some reason they mostly stay in the living room, it is imposible to use the living room because of that, is this normal/ ok
Were you aware of this when you signed up? What does your contract say - do you have use of the living room or do you rent a room only?
Please give some more information or we won’t be able to say if it’s legal or not.
As for normal, I’d say it’s not what I would do but that’s neither here nor there.
When we signed the contract they said that the living room is a shared area, just like the kitchen and the back yard, they even said how we could come here to watch tv or something, and after they mentioned that, they said that they will be staying here for a couple of days(which turned out to be around two months, with her leaving for two weeks and returning to stay another month or so, and it just keeps repeating) , in the contract it says nothing about them living here, infact there is another address whitch is how we know they have their other home.
Shared areas are not living areas and thus should not be occupied for habitation
Designated areas are usually bedrooms
Guest is usually 72 hours maximum (refer to your contract ref guest)
If they are living their does the HMO breach 5 persons?
If so speak to the HMO inspector at your local authority
It is likely it will be classed as a breach of HMO license (if applicable)
I would not be able to go and live in my HMO living room as and when I please
Our contract doesn’t mention anything about guests besides not having anyone live with you and make them pay rent, it does mention not to obstruct the shared areas with personal items which they are doing, and right now we have 6 people in the house including them, however they did say the max number of people in the house is 7 however I could not pinpoint anything in the contract that confirms that.
The number of people permitted will be on the license for the HMO.
That is usually stuck on a notice board in a communal area.
I would speak to your LA.
Landlord’s, usually, if they want to reside in their HMO block a bedroom for themselves. That is permitted. Sofa surfing is questionable.
You haven’t said whether you each have room only tenancy agreements or a joint agreement for the whole property. If its the latter, then the landlord has no right to be in the house and you should insist they leave and back this up with a letter. If they don’t leave, you should sue them for harassment and a breach of the covenant for your quiet enjoyment of the property.