My tenant has asked if her friend can move in to help with childcare so she can work..
I am not sure what the legal implications are here…she and her husband have been fab tenants thus far..
Do I issue a new contract as tenancy up for renewal?
I have a BTL mortgage, live in Wales and am concerned about what if my circumstances change…
Any advice gratefully received
Thank you 
Your best to add the friend to the existing tenancy as a permitted occupier. Which means they can stay as long as your tenants wish. This way they won’t be your tenant so don’t have any legal rights to the tenancy.
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The property would become an HMO with a third unrelated person. All the HMO Management Regulations would apply. It might require licensing and you should also check your insurance.
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only if they live in separate rooms
@Donk - Please explain your comment.
HMO regs apply if 3 or more persons, from more than 1 household live in the property, and share some facilities such as kitchen, bathroom etc. This seems likely in the example given by the OP.
yes, if you read the post it states clearly that there are only 2 households, not 3. The couple, plus a friend. So it’s NOT an HMO.
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I think you need to re-read the HMO regs. Last time I checked it was 3 or more people in 2 or more households and it doesnt matter whether its a joint tenancy or room only tenancies.
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I agree with @David122
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I disagree with your interpretation.
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What’s to disagree with:-
Housing Act 2004
S254 (2)(b) the living accommodation is occupied by persons who do not form a single household
Sched 14
1(1) The following paragraphs list buildings which are not houses in multiple occupation for any purposes of this Act other than those of Part 1
7 Any building which is occupied only by two persons who form two households.
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As I said, I disagree with your interpretation. Now move on, don’t bore people.
Youre welcome to disagree, just as long as anyone else reading this thread doesnt heed your advice, as youre clearly wrong.
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Well, that is your opinion, you’ve stated it several times, and you’re just boring
A couple plus non one non related person is three people and is defined as an HMO.
The n r l a will clarify this or David Smith or Tessa at landlord law
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You are interpreting the absolute definition of “household” incorrectly. Now please stop going on about it.
Only if she lives rent free
If you “stop going on about it” they will “stop going on about it”
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Maybe if you provided ‘reasoned argument’ for your belief, rather than just berating others for contradicting you, this might be helpful to the original poster.
Remember.. If you can be anything today, be Nice.
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I wonder if there is a way to avoid HMO by the friend becoming part of the household eg if the friend is employed as a nanny/au pair/mother’s help. Just a thought and I don’t know if it would work
A_A has posted a loophole in the rules if the friend doesn’t pay rent, essentially staying as a guest would be okay.
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