# Renting Rules in UK for Studio / 1BHK / 2BHK



## cyberstud23 (Jul 24, 2009)

Hi Friends,

I and my friend are in search of a room. I would appreciate your knowledge about the rules for the number of people that can legally stay in a Studio apartment, 1 Bed Hall Kitchen (1BHK) fully furnished and a 2 Bed Hall Kitchen (2BHK) fully furnished.

Is it fine for two adults to stay in a 1BHK ? Any agreement rules that I must ask for?

I know few places where there are 5 or more tenants in 3BHK. I have searched for places where the price for 1 shared individual rooms is cheaper than a 1BHK say (260-350 pcm for 1 person and 1bhk for 450-600pcm£) . So, I am curious if it is allowed for two of us to stay in a 1BHK having two beds.


Please let me know ASAP.


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## Mix (Jul 18, 2010)

I believe the principal piece of legislation regulating this refers to "houses in multiple occupation" (HMO). I don't know if the terms of the legislation place explicit limits on people per room, space per per person, etc. However, it does require each HMO to be licensed and to provide certain facilities for safe and sanitary living (e.g. centrally wired fire alarms). Homes that do not have facilities for the proposed number of people to live in sanitary conditions would be declined a license. Similarly, HMO landlords must be fit and proper people, able to maintain the property to those safe standards.

The exact definition of a house in multiple occupation actually varies by local authority/council. All of the information is published on the councils' websites, so you can search for "houses in multiple occupation" + the name of the local authority where you are looking to rent (e.g. Barnet, Reading, Wirral).

I don't think that a one-bed flat shared by two people would be a HMO usually. However, a three-bed flat shared by five people probably would be a HMO.

Ultimately the landlord or property managing agent is responsible for organising HMO licensing, if it's required. However, I would recommend that you look up the rules yourself and, if you believe the property may be classified as an HMO, ask the landlord to confirm that the licenses and proper facilities (fire alarms, etc.) are in place. This is for your own protection as the landlords who avoid the rules are the same ones who could cause you problems (withholding deposits unfairly, not fixing leaks, etc.).

The other type of rules you should be aware of will be specific to the property you are planning to rent. Some leasehold properties, "condominium"-style properties, and apartment complexes will have restrictions on the types of letting allowed. These might specify that the minimum letting period is 6 months, that there is a limit on the ratio of occupants to bedrooms, or even that the property can only be occupied by the owner (i.e. rentals are not allowed). Again, this should be something that the landlord has looked into but if you have any doubts, ask them or the property's "owners and residents association" (if there is one). If the rules have been broken, even though it is not your fault, you could still encounter problems or be forced to move out earlier than you would like.

The final "rule" is one of common sense, which is to be up-front with the landlord about your plans. Most rental agreements do not allow for sub-letting, so you could be kicked out if you share the room/property without permission. Similarly, be cautious if the person you are renting from is not the landlord - if they have not obtained the landlord's agreement you could suffer the consequences. The landlord does not want to know who is staying in the property just so they can charge more rent; they also need to know so that they identify they might need an HMO license, additional insurance, etc.


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## kaz101 (Nov 29, 2007)

As Mix has mentioned HMO rules vary from council to council and some houses only fall in the HMO category if they have x number of unrelated tenants and over 2 stories - so in this case a flat wouldn't count as an HMO. Specific council regulations can usually be found on council websites. 

The best thing is to check with the landlord or agent for what they are looking for. A couple living in a studio flat may be okay but 2 people with two beds in a studio flat may not work due to space restrictions and the same would be true of a one bedroom flat.

The landlord or agent will also want to know whose name is on the lease and who will be paying. Credit checks will probably be done for everyone staying in the property. 

Regards,
Karen


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## cyberstud23 (Jul 24, 2009)

I found this link about Housing Act 1985

w.w.w.westminster.gov.uk/docstores/publications_store/overcrowding%20excerpt.pdf

It says two people of opposite sex cannot stay in same room (if they are not husband and wife) I have seen many couples staying together ?

People of the same sex can stay. I think it shall be overcrowded for two people staying in the same room. 

What does a living room mean ? If a living room and Hall is the same, then I and my friend can get a good well furnished 1BHK having all the facilities. Residing in it would be better than two separate rooms on a shared basis.

When I asked such related questions renting agents were relunctant to answer me.
Many try to put two people in 1 room or give a single room on a share of 5 person.

I am searching for rules and acts. 

I know about a strange rule from Switzerland

No showers before 7am or after 11pm. No flushing toilets after 11pm and no music after ten.

Never had such a problem, only once there was a complain for music.


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## Mix (Jul 18, 2010)

The term "BHK" isn't common in the UK, though it sometimes comes up on Gumtree as an imported term. Therefore, it's not always clear what it means.

I've always assumed that the "Hall" in "Bedroom, Hall, Kitchen" referred to the property having its own independent entry (i.e. a self-contained residence as distinct from the right to use a couple of rooms within a larger shared property). In the UK, the "hall" or "hallway" is typically just a passageway or foyer linking up the front door, other rooms, stairs, etc. It would not necessarily be large enough to fit a bed, or offer any privacy from visitors at the front door.

A living room can also be called a lounge, sitting room, or reception room. It is typically a room where you would entertain guests, have sofas or armchairs, bookcases, a TV, stereo, etc. Therefore, this room is usually similar in size or bigger than the bedrooms. In some properties, there is a combined kitchen/reception to make more flexible use of the space and make it feel more "airy". You may not want to have a bed in this a combined kitchen/reception for hygiene or privacy reasons, and if you do you will probably want to erect a temporary partition for the sleeping space.

If you do an image search for "flat floor plan" you will find some diagrams which illustrate how the terms are used in practice.

My experience is that there aren't that many rules - either statutes or housing association rules - in the UK compared to the US and parts of mainland Europe. I think some councils have rules about when you put the bins out (certain days only), sorting your recycling (you have to do it, or they won't take it), bonfires (only during certain hours or not at all), indoor fires (only smokeless fuels allowed). If you live in a block of flats there may be additional rules because there are more shared spaces. For example, there may be a restriction on using rubbish chutes or gardens at night to avoid waking people whose flats back onto the chute/garden.

In general, as long as you exercise common sense and consideration, you should be fine. If you're unsure about anything, just ask your neighbours if they mind - they'll usually be pleasantly surprised you asked and therefore more permissive.

It would be easy to say avoid working with letting agents who avoid the question of overcrowding, but I suspect that is unrealistic if you want to find a place you can afford. It is best to exercise your own judgement in these matters; always see the property for yourself and meet any people you would have to share with before you agree to anything. If the letting agent says you can easily fit five people into a room, but you don't think it would be comfortable, you are probably right.


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