Hello, my property manager has posted an ad for a vacant room in my apartment, they are advertising the apartment as a 3 bedroom apartment while it’s a 2 bedroom. They also say couples welcome but that would breach their new license, they didn’t have one previously so now they are trying to do things properly. I know they want to convert the living room into another bedroom but I wonder if it’s legal considering I’m already renting and it has always been a 2 bedroom. They need an hmo license that they don’t have to convert or to rent to couples. Also I reported the ad multiple times to Open Rent because it’s not representative of the property and they did nothing, why so?
The advert only has to be accurate for what is being advertised not what it is now. If they convert the lounge to a third bedroom for new tenants nothing will be illegal or misleading about it, will it?
if it is going to be an HMO they can apply for and get a license. How it’s being used and licensed at moment is totally irrelevant in terms of whether the advert is ok
Not all HMOs need a licence (“Whether a small HMO (3–4 unrelated tenants) needs a licence depends on the local authority”)
However if when you moved in it was advertised as having a lounge for shared use, and you wont have that, then they will be changing the terms agreed for your tenancy without your agreement- you can ask for a rent reduction to reflect reduced facilities, sue for breach of contract, or move out. @David122 may be able to advise of your legal options
Good luck
What type of tenancy do you have? If its for the whole property then they have no right to re-rent any of the space and it would create a legal mess if they did so. If its a room only tenancy then you only have a licence to use the common parts, which is a weak form of tenure and could easily be changed. Nevertheless, you would have some consumer rights to keep using it as a lounge.
Do they currently have a selective licence? If so, they would need to get an HMO lkcence if they let to a couple only if the Council has additional licensing for 3 person HMOs.
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