Your question
We live in an HMO where we all rent our own rooms separately. Can we prevent the landlord coming into the communial area?
Your answer
No. You are entitled to exclude your landlord from your own room, but not to exclude him from the communal area.
This is becuase you do not have ‘exclusive occupation’ of that area of the property under the terms of your tenancy. You can only exclude the landlord from areas where you have exclusive occupation.
The landlord will need to have access to show any unoccupied room to prospective tenants. Also under the HMO legislation he has many legal obligations which will require him to access the property – for example to maintain the communal areas and keep them safe.
If however, you feel your landlord is abusing his position and behaving inappropriatly, take legal advice as it may be possible to exclude him by getting an injunction through the courts.
You can find out more about HMOs in our article below:
Members Free guide
A Tenants Guide to HMOs
We explain the regulations surrounding HMOs and your rights if your landlord fails to comply with them.
22 – 36 minutes to read
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