05. Other issues

Bedsits and hostels
Some types of rented accommodation are called 'houses in multiple occupation' (HMOs), including most:

• houses split into bedsits;
• houseshares where everyone has a separate tenancy or licence agreement;
• hostels; and
• bed and breakfasts.

Local councils operate HMO registration schemes, and enforce regulations covering things like fire precautions and fire escapes, and toilets, washing and kitchen facilities.

If you live in an HMO and you have a problem, contact the environmental health officer at the local council, who can order the landlord to make repairs or improve vital facilities.

Relationship breakdown
If your relationship with your spouse or partner breaks down, your options are determined by whose name or names are on the tenancy agreement, and whether you are married. For more information, see the Community Legal Service Direct leaflet 'Divorce and Separation'.

Passing on a tenancy
An assured or assured shorthold tenancy cannot be passed on ('assigned') to someone else, unless the landlord agrees to it. Secure tenancies can usually only be assigned to someone who would have the right to take it over after you die. However, you can swap your tenancy with another secure tenant (called a transfer).

Regulated tenancies can also be passed on, but the rules depend on whether the tenancy is 'contractual' or 'statutory'.

Always get advice before assigning your home to someone else. If you don't follow the right procedure, you and the person you assign your home to could both be evicted.

Passing on a tenancy when someone dies
If a tenant dies, another member of the family may be able to take over the tenancy (called 'succession'). With a periodic assured or assured shorthold tenancy, the tenancy automatically passes to the tenant's husband or wife or partner, if they were living with the tenant before they died. If there is no husband or wife or partner, the tenancy may be passed to someone else if this is mentioned in the will of the person who has died. However, with a periodic assured tenancy, the landlord has the right to get possession of the property (and therefore evict the tenant) if they apply to do so within 12 months of the original tenant dying. With a secure tenancy, the tenancy passes to the husband or wife or partner or, if they didn't have one, to any member of the family who has lived with the tenant for at least a year before they died.  When this type of tenancy is passed on, that person may have to move to a different property if the council or registered social landlord says the house or flat is larger than they need. There can be only one succession, which means the tenancy will end when the person who succeeded the original tenant dies.

If you have a regulated tenancy and you are concerned about what happens if your husband or wife or other close relative dies, you should seek advice, because the situation is more complicated.

Letting to someone else
Tenants are usually allowed to let a room in their home to a lodger:

• unless the tenancy agreement specifically says they can't; and
• as long as the arrangement doesn't give the lodger sole rights to any part of the property.

The lodger would be classed as a licensee (see 'Licensees'). But if the tenant creates a tenancy with the person, which would give that person sole rights to part of the home, this is called sub-letting, and would need the landlord's permission. Most tenants are not allowed to sublet the whole of their home. If they do this, they could be evicted.