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Q:Does anyone know if there is a certain size that a room must be in order for it to be legally rented on an Assured Shorthold Tenancy?

Also, is there a limit to how many tenants are to be expected to share a toilet (not at the same time!), or bathroom ?

I ask because I have been working away and renting a room in a shared house… But now, as well as renting the dining room, the landlord has decided to let out the 'box room' to a 4th tenant, and I'm sure its way too small for that! I'm also concerned about people having to cross their legs and wait for the only loo – its bad enough sometimes with just three of us…

Any info greatly appreciated!


A:Craigo – If you are happy to go within one month then fair enough but, by law , under a periodic, ie month by month, contract the LL should actually give you 2 months' notice but you only have to give him/her 1 month.

It's sad to hear that yet another tenant is worried about repercussions if they insist on a LL complying with LL & T laws & regs.

Are you aware that if your deposit was not registered and/or the prescribed info was not given to you within 14 days of you paying the deposit:

(a) a LL cannot serve a valid S21 notice on you, requiring repossession
(b) a court may order the LL to return the deposit to you
(c) a court may order the LL to pay you 3 x the amount of that deposit.

(this is for tenancies starting on or after 6 April 07)

You may find it helpful to read Stevey Lomas' thread on here.(you can search the board via user name)

As always, the local Tenancy Relations Officer needs to hear about LLs who act in this way.


A:Thanks guy.

My contract expired yesterday, but states that should I stay on afterwards, it turns into a periodic agreement : "If the tenant stays on after the end of the fixed term, his tenancy will continue but will run from month to month."

As I understand it, this means that either party can give a months notice? That's basically what he has done….

I signed the contract because it gave me flexibility after the six month period, but now he wants me to sign a new 12 month contract, or leave in 1 month. Ive decided to opt for the latter.

I havn't been provided with any details of a deposit protection scheme, but Im also quite attached to my kneecaps, so probably shouldnt rock the boat too much!

Im not sure theres much more I can do but concentrate on finding a new place…. I appreciate the help tho!!


A:You might not be able to "just leave".

He might have an illegal HMO going on there.

He should have written to you within 14 days to tell you where the deposit money is, if he didn't you get to claim 3 months' rent from him.

If you signed an AST you are obliged to stay/pay for the entire duration of that AST. However, there might be some get out clauses as you moved into a 3-person rental that's now changed, so maybe there's been a fundamental change in the service you were being provided with. Or maybe it might turn out to be "tough", but I doubt it.

Oh and you could grass up the druggies to him as being your secondary reason of satisfaction in the quality of his accommodation provision.


A:….. Terribly sorry to have put you all to so much trouble guys/gals!

I did say thank you for the info, and acted upon the advice given….

When I asked the question, I had the intention of staying – but between my first and second post, the landlord's attitude became quite unpleasant; it was then I chose to leave…

Anyway, sincere apologies if I wasted anyones time! :silenced:


A:Know what you mean Clutton – however, I did laugh when I read the bit about the OP handing their notice in.

Own research minimal however – a dump from a pre-exisiting file on the computer – and maybe someone else will find the thread useful for their own situation.

No-one seems to be rushing on the tenancy deposit query though…….

Just wondered whether anyone had contacted the RSPCA about the smoked badger/shrew and whether the AST agreement allowed for the keeping of said pets?


A:now and then i get really annoyed with posters who come here and claim some terrible hardship – get everyone researching like mad – then just come back and say

never mind that you all went to lots of trouble to help me – i aint gonna stay here no more anyway – so i need not have bothered posting and bothering you at all.

what never comes next is

"Terribly sorry to have put you all to so much trouble guys/gals"


A:Thanks for the info!

Just to clarify – there are currently 3 in the house, soon to be one extra. Its on 2 levels. The box room is probably about 2m x 2.5m, enough room for a single bed and the door to open really.

Its probably legal, but I guess im just a little miffed as the house was advertised as a 3 bed semi, and that's what I thought I was paying for. I think its going to get a little over crowded for its size. I've asked at the Council but they say they didnt know much, and recommended CAB, but there was a 2 hour wait there.

Anyway, it doesnt matter now – as I've decided to give my notice in and find somewhere else. There are other factors involved such as the other tenants constantly smoking badger or shrew, or whatever these crazy kids call the stuff these days….. And the place is always in a state. Probably time to move on anyway!

So, thanks for the help.

Do you think I should ask the landlord which security deposit protection scheme he is using when I hand in the notice?


A:This sort of query can be dealt with promptly by the Private Sector Rentals Team at the local Council: they can tell you what the conditions of the HMO licence relating to that property are (if it is an HMO) or you can go down and look at the register yourself.

Assuming you’ re in Eng or Wales rather than Scotland:

1. generally a bedroom occupied by one person in an HMO should measure 6.5m2

2. on the subject of bathrooms:
The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
Washing facilities
2.—(1) Where all or some of the units of living accommodation in an HMO do not containbathing and toilet facilities for the exclusive use of each individual household—(a) where there are four or fewer occupiers sharing those facilities there must be at least one
bathroom with a fixed bath or shower and a toilet (which may be situated in thebathroom);
(b) where there are five or more occupiers sharing those facilities there must be —
(i) one separate toilet with wash hand basin with appropriate splash back for every five sharing occupiers; and
(ii) at least one bathroom (which may contain a toilet) with a fixed bath or shower for every five sharing occupiers;
(2) Where there are five or more occupiers of an HMO, every unit of living accommodation must contain a wash hand basin with appropriate splash back. (except any unit in which a sink has been supplied as mentioned in paragraph 4(1)).
(3) All baths, showers and wash hand basins in an HMO must be equipped with taps providing an adequate supply of cold and constant hot water.
(4) All bathrooms in an HMO must be suitably and adequately heated and ventilated.
(5) All bathrooms and toilets in an HMO must be of an adequate size and layout.
(6) All baths, toilets and wash hand basins in an HMO must be fit for the purpose.
(7) All bathrooms and toilets in an HMO must be suitably located in or in relation to the living accommodation in the HMO.

Just check with the local Council for their implementation of the rules .


A:I'm also concerned about people having to cross their legs and wait for the only loo – its bad enough sometimes with just three of us…

How often do you pee??? I shared with 5 and we only had 1 bathroom, and it generally worked out fine!!

(OK, it had an old outside toilet too, but was frozen most of the year so couldn't be used!)

Box rooms can often be a very cheap option for those who can't afford anything bigger and want to save money!


A:There's nothing wrong with renting the box room, people have been renting box rooms for years and lived.

Depends on the council. Southwalk is specifies room sizes. I was also told that the Tenants needed a lounge, so had to give the the biggest room as a communal area. My 'box room was too small (2.6m x 2.6m). Hand basin in the toilet did not count.

5 tenants per 2 floored house. For 6 tenants you need 2 bathrooms, 2 kitchens. Some require a washbasin in every room.

Some councils have really made it costlier and harder for single people by imposing HMO.

Really you have to ask your council how it interprets the law


A:For size there are guidelines, not laws. There's nothing wrong with renting the box room, people have been renting box rooms for years and lived.

Can you confirm:
1] How many people live at the house
2] How many floors/levels it is

Is the property an HMO Flowchart: http://www.rugby.gov.uk/site/scripts/download_info.php?downloadID=1223


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