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Tenant photographed sleeping in HMO property listing

A tenant was photographed and filmed whilst asleep in bed as part of marketing materials for a six-bedroom HMO property listed for sale in Penrith, Cumbria, with a guide price of £135,000.

The property, marketed by Prime Property Auctions, is licensed for six occupants and currently houses five tenants, generating monthly rental income of £2,280, or £27,360 annually. The listing suggests a potential yield of 18% if purchased at the guide price.

Marketing materials raise questions

The listing includes a walk-through video and multiple photographs, one of which shows a tenant in bed. The video footage begins outside the Victorian terraced house and progresses through the kitchen and bathroom before entering the bedrooms where the tenant was filmed.

Under Section 11(6) of the Landlord and Tenant Act 1985, landlords and agents are required to give at least 24 hours’ written notice before entering a property. Tenants have the ‘right to quiet enjoyment’, meaning they can reasonably refuse access.

According to the National Residential Landlords Association, whilst communal areas in HMOs can be less restrictive, tenants retain exclusive possession of their rooms, where stricter privacy protections apply. The incident comes as landlords face scrutiny over rental practices, highlighting ongoing concerns about tenant rights.

Auction sale process

The property is being sold at auction, where properties can often sell for more than the listing price. Prime Property Auctions described the property as being sold by a landlord who “just wants to sell the property, like any other landlord”.

The marketing approach contrasts with broader challenges in the property market, as evidenced by recent reports of declining sales activity across the sector.

The incident raises questions about marketing practices in the buy-to-let sector and the balance between property sales processes and tenant privacy rights in occupied investment properties.

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