HMO Licensing: Your Rights as a Tenant in a House in Multiple Occupation
A House in Multiple Occupation (HMO) is a property shared by three or more people who are not all from the same family. HMOs must be licensed by the local council, and if your landlord is operating without a licence, you have powerful legal rights including the ability to claim back up to 12 months of rent. This guide explains what counts as an HMO, what standards apply, and what to do if your landlord is breaking the rules.
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What is an HMO?
A property is an HMO if it is occupied by three or more people forming two or more households who share facilities (bathroom, kitchen, or toilet).
- ✓A 'household' means people who are related (by blood, marriage, or civil partnership) or in a relationship
- ✓Three unrelated individuals sharing a house = an HMO
- ✓A couple plus one other person sharing = an HMO (three people, two households)
- ✓A family of four sharing = NOT an HMO (one household)
- ✓Bedsit buildings and shared student houses are typically HMOs
Types of HMO licensing
There are three types of HMO licensing in England (Wales has similar rules):
- ✓Mandatory licensing: required for all HMOs with 5 or more people forming 2 or more households, this applies nationwide regardless of the local council's position
- ✓Additional licensing: some councils extend licensing to smaller HMOs (e.g. 3 to 4 occupants) within their area, check with your local council
- ✓Selective licensing: some councils require all private rented properties in designated areas to be licensed, regardless of whether they are HMOs
HMO standards your landlord must meet
Licensed HMOs must meet minimum standards set out in the Management of Houses in Multiple Occupation (England) Regulations 2006 and the HMO (Mandatory Conditions of Licences) (England) Regulations 2018:
- ✓Minimum bedroom sizes: 6.51m² for a single adult, 10.22m² for two adults, 4.64m² for children under 10
- ✓Adequate kitchen and bathroom facilities, the council sets requirements based on occupancy numbers
- ✓Annual gas safety certificate
- ✓Working smoke alarms on every floor
- ✓Carbon monoxide detectors in rooms with gas appliances
- ✓Electrical installation condition report (EICR) every 5 years
- ✓Safe communal areas, clean common parts, maintained fire doors
What happens if your HMO is unlicensed?
If your landlord is operating an HMO without the required licence, several consequences follow:
- ✓The landlord commits a criminal offence, unlimited fine (formerly capped at £20,000)
- ✓The landlord cannot serve a valid Section 21 (no-fault eviction) notice while the property is unlicensed
- ✓You can apply for a Rent Repayment Order (RRO) at the First-tier Tribunal
- ✓The council can apply for an Interim or Final Management Order, taking over management of the property
Rent Repayment Orders (RROs)
A Rent Repayment Order is one of the most powerful tools available to tenants in unlicensed HMOs. You can claim back up to 12 months of rent paid while the property was unlicensed.
Reporting an unlicensed HMO
If you believe your property or a neighbour's property is an unlicensed HMO:
Get instant help right now
A Citizens Advice appointment can take weeks. Our free assistant is available 24/7 with no appointment, giving you clear, step-by-step answers about your exact situation, what to do next, and the deadlines that matter.
Need to take action? It can draft a ready-to-send formal letter for you (optional, from £4.99).
England, Scotland, Wales & Northern Ireland.
Frequently asked questions
My landlord says the property does not need a licence, how do I check?
Search your local council's HMO public register, which most councils publish online. If mandatory licensing applies (5+ people, 2+ households), it is a legal requirement regardless of what your landlord says. Contact the council's housing team directly if you cannot find the register.
Can my landlord evict me for reporting them to the council?
Retaliatory eviction following a complaint about housing conditions or licensing is specifically prohibited. A Section 21 notice served within 6 months of a local authority enforcement action is automatically invalid. You can challenge such a notice at court.
I paid cash, can I still get a Rent Repayment Order?
Yes, but cash payments are harder to prove. Bank records are the strongest evidence. If you paid cash, gather any other evidence: receipts (if issued), text or email confirmations of payment, or witnesses. The tribunal can still make an award on the balance of probability.
Does HMO licensing apply in Scotland?
Yes, but under different rules. Scotland has its own HMO licensing regime under the Civic Government (Scotland) Act 1982. The definition of an HMO is similar (3+ unrelated people) but the licensing authority and process differ. Contact your local council or Shelter Scotland for Scottish-specific advice.
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