Could a tenant’s boyfriend moving in turn the property into an HMO if they split?
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
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Member Since October 2020 - Comments: 1177
12:03 PM, 25th December 2025, About 4 months ago
Reply to the comment left by moneymanager at 24/12/2025 – 17:29
Yes, it does depend on those factors amongst others, but that doesnt disagree with my post.
Member Since November 2020 - Comments: 51
8:48 AM, 27th December 2025, About 4 months ago
Pretty sure that a boyfriend would not be classed as a family member by the council .
There needs to be a lawful connection.
Otherwise the whole system would be open to abuse.
Member Since January 2016 - Comments: 473
10:30 AM, 27th December 2025, About 4 months ago
Have you checked with your council(‘s website) whether your property’s location is covered by additional or selective licencing?
With 3 people not being one family unit it’s an HMO but won’t need a licence unless there is additional or selective licencing in place in that area.
Your council’s website should make clear what their rules are.
As for his occupancy, I would rather have it clearly defined. For example either:
1) Create a new tenancy with mother, daughter and boyfriend named. That way, if there are any dramas, any one person can end the tenancy for everybody. Whoever hangs around after notice given gets to pay double rent. You can always create a new tenancy with your preferred people afterwards.
If the mother and daughter don’t want to risk being legally bound to the boyfriend, why should you?
2) Refuse permission in writing. If he is there he is not a permitted occupier; you have expressly refused permission. If it becomes an issue, they have done something behind your back. Not much of a defence these days though. The legal people will chime in I’m sure but it’s maybe come down to, ‘you should know who is in your property’ vs their right to quiet enjoyment.
Member Since April 2024 - Comments: 3
10:43 AM, 27th December 2025, About 4 months ago
Reply to the comment left by Paul Essex at 23/12/2025 – 08:40
Nope, don’t belive this makes any difference
Member Since October 2020 - Comments: 1177
11:53 AM, 27th December 2025, About 4 months ago
Reply to the comment left by Londonlad at 27/12/2025 – 08:48
The Council will accept the tenants word that they are a couple as they have no way to disprove it.
Member Since September 2022 - Comments: 27
2:46 PM, 27th December 2025, About 4 months ago
Reply to the comment left by Londonlad at 27/12/2025 – 08:48
My understanding is that if it’s a co-habitant couple then it is within one household.
Please correct me if I’m wrong everyone
Member Since September 2022 - Comments: 27
2:50 PM, 27th December 2025, About 4 months ago
Reply to the comment left by Darren Peters at 27/12/2025 – 10:30
It only needs license if it’s a large HMO I.e 5 or more people. However it’s in an Article 4 area. So my understanding is that regardless whether it falls under HMO license, it’s a breach of planning regulation as soon as it becomes a HMO?
One benefit of having the boyfriend as a permitted occupier rather than on the tenancy agreement is that if their relationship breakdown, the tenant can ask the boyfriend to leave without ending the tenancy…
Member Since October 2020 - Comments: 1177
1:44 PM, 28th December 2025, About 4 months ago
“It only needs license if it’s a large HMO I.e 5 or more people.”
Not if the Council has introduced Additional Licensing to cover 3 and 4 person HMOs
Member Since February 2018 - Comments: 627
2:07 PM, 28th December 2025, About 4 months ago
Reply to the comment left by Londonlad at 27/12/2025 – 08:48
What wiuld they do, demand evidence of consumation, I donlt yhink so.