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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Yes selective license requested in October 2025, not even sure it has beengiven at this point but just the fact that they applied is enough to rerent the empty room, I in fact leaved by myself since then because they couldn’t rerent the empty room.
My contract is homemade contract, it doesn’t state anything clearly, at the moment I’m keeping my old contract but they want me to sign a new one, but I’ll sign it at my conditions because I can continue with my actual contract that should have updated to the new rules. All this happened because they tried to illegally evict me.
My question is if it correct for this platform to allow to advertise a property in a way that is not representative of reality, today there was a viewing and 3 girls came together because it is advertised as a 3 bedroom while it’s a 2 bedroom and one room is already occupied by me
in my area a selective licence is needed for the actual condition of the apartment, hmo would be needed to host more than 2 people. My contract is an homemade contract totally illegal that is not specifying anything in particular but yes it was presented as a 2 bedroom with a living space and I live there for 4 years in that condition. I could be accept a conversion of the living room into a bedroom but obviouslymy rent should be lowered, that’s what concerns me that they could take away space from me maintaining my actual rent. But in general my question is wheter is correct from Open Rent to allow to publish a property that does not correspond to reality. Also it has been posted by a property manager, I think I read Open Rent is just for Landlords
I think your views about the advert probably reflect your experiences with your LL rather than the reality of what a good LL can say on an OR listing…
Why not? Property developers advertise houses and what they will look like before they are even built dont they? There’s absolutely no reason a LL cant advertise how a property will be (when rented) before actually making the changes. They are advertising how it will be. So long as they deliver that it’s fine, isnt it? So if they are advertising a 3rd bedroom and convert lounge to a 3rd bedroom before new tenants move in, what’s the issue with an advert saying thats what they will get?
-Just like if they take photos and remove any of your personal belongings from the photo using photoshop to make it less cluttered and to avoid needing your permission for use of the photos. It makes the place look more attractive even if it’s not 100% the reality.
-just like the rent for an improved place or allowing more tenants will be higher than it is currently
-just like the rent advertised may differ from current if market rate has gone up more than rent increases for existing tenants
If it will be a 3 bed and thats what the ad says thats fine isnt it? If they dont make clear when people enquire (or in the ad) that its a share as you are in one of the rooms already they will waste a lot of their time as well as people viewing. But it’s their ad, not yours. You might think its in a dodgy area. They will describe the place as light and airy.
And totally ok for agents to place adverts on Openrent on behalf of a LL, why wouldnt that be ok? They are more expert (or claim to be). Just like you wouldnt say a LL has to do the check out cleaning, the viewings or anything else - it’s the LL’s right to subcontract. If you find you are dealing with an agent and only want to deal directly with a LL you have a simple choice, look at different properties.
Openrent have previously indicated they may allow it and dont have a problem
"[quote=“George, post:2, topic:1292”]
Hi Giorgio,
OpenRent is a platform for private landlords, and users have to confirm they are the landlord of the property when listing with us.
However, some landlords do choose to use high street agents to help with viewings and other services, so this may explain what happened in this case. This isn’t a problem from our perspective
[/quote]
Obviously you still have to check who the LL is and make sure agents are acting for them, not scammers. There’s advice from nrla
Source: NRLA Landlord Scams & Fraud | Avoiding House Renting Scam | NRLA
Best
Anything in current contract that would be contrary to the recent legislation (eg fixed terms, notice of more than 2 months, automatic CPI rent increases) became null and void and unenforceable from 1 may when Rents Rights Act (RRA).provisions came into force.
There is absolutely no need for any kind of ‘update’ from your point of view or for the LL either.
Some LLs have offered tenants updated/new contract. Because if they inadvertently tried to enforce something in old contract that is no longer allowed they could be fined, and they’ve been advised by agents to use a new contract that is definitely fully legal. Agents will also charge them for it obviously and it does give you the opportunity to clarify things etc.
From your pov a new contract protects you from eviction on grounds of moving in or selling (these have 4 month notice periods and the notice mustn’t expire in the first 12 months of a contract). But if they are advertising for new tenants, that will apply from when the new tenants move in anyway.
Best
Ps if they tried to illegally evict you before 1 may 2026 you may be able to get a rent repayment order of up to 12 months rent, if it was less than 12 months ago. Check with Shelter
(If they tried to illegally evict you from 1 may you have up to 2 years to claim for an RRO )
Best
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The problem is that they are advertising the property as immediately available which means the conditions to rent to couples or more than 2 people in general should be possible now with the right licence, but they don’t have the right licence
Whom is it a problem for? Not you, if they operate an unlicensed hmo you will be able to claim rent back via a RRO (up to two years’ rent).and they will face a big fine too. Why on earth are you worrying about it?
Anyway, immediately available very rarely means that in practice as they have to do viewings, choose someone, do referencing, sign contracts and many tenants have to give notice at their current place, and checkin inventory has to be arranged.
How can you know whether they either have or need a licence?. Someone might want to rent it for themselves and use the 2nd room as a work from home office. Or there might be 2 people. Does a small hmo of 3 people need a licence in your borough?
And how can you possibly know whether or when the LL or agent applied for a licence and whether it has been or is about to be granted? Do you work in the agent’s office or the council?
Having realized their advert is entirely legal, you are now picking on other things they may be doing wrong - you may be right, the agent or LL may be incompetent, that’s not really your (or Openrent 's) problem tho, is it, unless it affects you?
The reduced facilities via lack of lounge could also be a tactic to encourage you to leave if you want those facilities and theyve tried unsuccessfully to evict you before - sorry if ridiculously obvious.
Good luck…
Did they give you a copy of the Renters Rights Act Information Sheet? That should outline more clearly some of the terms and conditions of your tenancy.
It sounds like your landlords are doing lots of things wrong, but you still want to live there. If so, then I think you should stop worrying about whether they have the right licence and negotiate hard on what you want to happen.
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