0:01 AM, 23rd December 2025, About 2 months ago 19
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Hello, I’m looking for some advice here. The property is let to a mum and daughter on a single tenancy agreement.
Recently, the daughter asked if her boyfriend could move in. In general, I do not have anything against it. And as per my understanding, even with her boyfriend moving in, they are still classified as a single household so NOT a HMO. Please correct me if anyone thinks I’m wrong.
My main concern is what happens when relationships break down and the boyfriend refuses to move out? I assume this will then make the property an HMO?
I want to avoid the situation as the property is in an Article 4 area. Any recommendations on how I can protect myself from the property becoming an HMO?
Can I add a clause to say that the boyfriend must move out if the relationship breaks down, but assume this won’t be enforceable?
Any suggestions?Thank you,
Noman
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Paul Essex
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Member Since June 2019 - Comments: 717
8:40 AM, 23rd December 2025, About 2 months ago
It would be safer if he became their lodger, this avoids many legal problems.
No Name
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Member Since September 2022 - Comments: 27
9:27 AM, 23rd December 2025, About 2 months ago
Reply to the comment left by Paul Essex at 23/12/2025 – 08:40
Thank you but how do I do this?
Add him as a permitted occupier?
No Name
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Member Since September 2022 - Comments: 27
10:18 AM, 23rd December 2025, About 2 months ago
Reply to the comment left by No Name at 23/12/2025 – 09:27
Any specific wording that I should include or avoid?
moneymanager
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Member Since February 2018 - Comments: 627
10:19 AM, 23rd December 2025, About 2 months ago
Just yesterday a simiar situation arose, a male employed applicant wanted his sister as a Permitted Occupier, she has no income. Looking for work as a recent graduate, it was mentioned that if she found work elsewhere, could he bring in a friend, and the applicant wrote ‘with him paying to defray costs’, instant alarm bells. That would be an unauthorised sublet and contrary to the AST, my lease, the head lease and, where applicable, most mortgage terms. That breach would provide grounds for eviction, unlikely to result in Court action of course, two angry women will soon sort it out!
No Name
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Member Since September 2022 - Comments: 27
11:06 AM, 23rd December 2025, About 2 months ago
Reply to the comment left by moneymanager at <a href="23/12/2025″ rel=”ugc”>https://www.property118.com/could-a-tenants-boyfriend-moving-in-turn-the-property-into-an-hmo-if-they-split/#comment-200566“>23/12/2025 – 10:19Thanks for the msg.
So assume you rejected the applicant?
My case is slightly different as the request is from an existing tenant.
moneymanager
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Member Since February 2018 - Comments: 627
11:30 AM, 23rd December 2025, About 2 months ago
Reply to the comment left by No Name at 23/12/2025 – 11:06
He’s beaten me to it, he just withdrew!
DPT
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Member Since October 2020 - Comments: 1107
17:01 PM, 23rd December 2025, About 2 months ago
Reply to the comment left by Paul Essex at 23/12/2025 – 08:40
An HMO is defined by the number of permanent occupants, whether they’re tenants, lodgers or permitted occupiers.
No Name
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Member Since September 2022 - Comments: 27
10:37 AM, 24th December 2025, About 2 months ago
Reply to the comment left by DPT at 23/12/2025 – 17:01
So as a landlord, how do we protect ourselves that make the property fall under HMO scope by the tenants?
DPT
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Member Since October 2020 - Comments: 1107
11:52 AM, 24th December 2025, About 2 months ago
Reply to the comment left by No Name at 24/12/2025 – 10:37
There is a risk that any property could become an HMO if a couple with another person split up or the tenant takes in lodgers. To mitigate your liability, you inspect at least quarterly and be observant. As soon as you suspect something, you ask the question in writing and make sure the answer is likewise. Once you know its become an HMO, you start applying yhe HMO Management Regulations and check if its licensable. If it is, you either apply for a licence or a Temporary Exemption Notice whilst you evict them. If its Article 4, you evict them.
moneymanager
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Member Since February 2018 - Comments: 627
17:29 PM, 24th December 2025, About 2 months ago
Reply to the comment left by DPT at 24/12/2025 – 11:52
‘Spareroom seems to disagree, it is suggesting that an HMO status depends on a) the number of persons in the principal family and b) the number of other tenants/lodgers. Of course the HMO issue may be only one matter at issue, there is highly likely to be an issue of tenancy subletting conditions and principal and Head leases and lender covenants, all to be in breach. All incredible of course but by choking off the number of viable tenants and raising the regulatory burden for residential landlords, one might be forgiven firvthinking that more landlords would take the Kingls Schilling and allow Serco to do what is illegal for us to do, house those with no right to rent, I loathe this government.