HMO Licensing: Your Rights as a Tenant in a House in Multiple Occupation

Checked against official sources on 1 September 2026. Figures shown are the rent repayment order maximum as doubled by the Renters' Rights Act 2025.

Sources: GOV.UK, Guide to the Renters' Rights Act; GOV.UK, Houses in multiple occupation licence.

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 24 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.

Key points

✓An HMO is three or more people from more than one household sharing. A couple plus one other person is an HMO; a family of four is not.
✓Mandatory licensing applies everywhere to an HMO with 5 or more people in 2 or more households. Councils can add additional or selective licensing on top of that, so check locally.
✓Minimum room sizes are set in law: 6.51m² for one adult, 10.22m² for two, and 4.64m² for a child under 10.
✓If your landlord is running an unlicensed HMO you can apply for a Rent Repayment Order.
✓A Rent Repayment Order can now reach 24 months' rent, doubled from 12 by the Renters' Rights Act. For most private tenants it is the largest sum they can realistically recover.

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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).

Yes: A 'household' means people who are related (by blood, marriage, or civil partnership) or in a relationship
Yes: Three unrelated individuals sharing a house = an HMO
Yes: A couple plus one other person sharing = an HMO (three people, two households)
Yes: A family of four sharing = NOT an HMO (one household)
Yes: Bedsit buildings and shared student houses are typically HMOs

Purpose-built student blocks with self-contained flats are generally not HMOs. Shared student houses with common kitchens and bathrooms almost always are.

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Types of HMO licensing

There are three types of HMO licensing in England (Wales has similar rules):

Yes: 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
Yes: Additional licensing: some councils extend licensing to smaller HMOs (e.g. 3 to 4 occupants) within their area, check with your local council
Yes: Selective licensing: some councils require all private rented properties in designated areas to be licensed, regardless of whether they are HMOs

To check if your HMO needs a licence and whether one has been granted, search your local council's HMO register (most publish these online) or contact the council's housing or licensing team directly.

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:

Yes: Minimum bedroom sizes: 6.51m² for a single adult, 10.22m² for two adults, 4.64m² for children under 10
Yes: Adequate kitchen and bathroom facilities, the council sets requirements based on occupancy numbers
Yes: Annual gas safety certificate
Yes: Working smoke alarms on every floor
Yes: Carbon monoxide detectors in rooms with gas appliances
Yes: Electrical installation condition report (EICR) every 5 years
Yes: Safe communal areas, clean common parts, maintained fire doors

Room size enforcement: Since October 2018, councils can prosecute landlords or issue civil penalties for renting rooms below the minimum size. Councils can also issue overcrowding notices. If your room is undersized, report it to the council.

What happens if your HMO is unlicensed?

If your landlord is operating an HMO without the required licence, several consequences follow:

Yes: The landlord commits a criminal offence, unlimited fine (formerly capped at £20,000)
Yes: You may be able to apply for a Rent Repayment Order for controlling or managing an unlicensed house or HMO, recovering up to 24 months of rent
Yes: You can apply for a Rent Repayment Order (RRO) at the First-tier Tribunal
Yes: 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 24 months of rent paid while the property was unlicensed.

Check whether an offence was committed

An RRO requires proof that the landlord committed a relevant offence, most commonly, operating an HMO without a licence. You can also claim for illegal eviction, using violence to enter, and certain other offences.

Apply to the First-tier Tribunal (Property Chamber)

Apply online via the HM Courts and Tribunals Service (HMCTS). There is a fee (currently around £100 to £200 depending on the amount claimed). You do not need a solicitor.

Gather evidence

You need: your tenancy agreement, proof of rent paid (bank statements, receipts), evidence the property required a licence (occupancy details, council records), and evidence it was unlicensed (a search of the council's register).

The tribunal decides the amount

The tribunal has discretion on the amount, up to 24 months' rent. Where the landlord has already been subject to enforcement action and offends again, the tribunal must award the maximum. It will consider the landlord's conduct, whether they cooperated with the council, the seriousness of the breach, and your own conduct. Awards of 6 to 12 months are common where the landlord showed no intention of applying.

Housing charities like Shelter and Generation Rent can provide advice and template applications for RROs. You can also use the Safer Renting charity if you are in London.

Reporting an unlicensed HMO

If you believe your property or a neighbour's property is an unlicensed HMO:

Report to the local council's housing team

Contact the housing enforcement or private sector housing team at your local council. Many councils have an online reporting form. You can report anonymously if you prefer.

The council must investigate

Councils have a duty to take enforcement action where they find a breach. They may inspect the property, issue a formal notice, and prosecute or issue a civil penalty notice to the landlord.

Protect yourself from eviction

Reporting your own landlord is protected activity. Since Section 21 was abolished in England on 1 May 2026, a landlord cannot simply give you notice for complaining: they must prove a ground for possession in court. Trying to force you out without a court order is an offence of unlawful eviction under the Protection from Eviction Act 1977. Document any pressure or threats immediately.

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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?

In England your landlord no longer has a no-fault route to remove you. Section 21 was abolished on 1 May 2026, so after a complaint about conditions or licensing they would have to prove a specific Section 8 ground in court, and Grounds 1 and 1A (moving in or selling) cannot be used in the first 12 months of a tenancy. If they try to make you leave without a court order, that is unlawful eviction under the Protection from Eviction Act 1977, which is a criminal offence.

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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https://www.knowyourrightsuk.com/housing/licensing-hmos

Know Your Rights UK. "HMO Licensing: Your Rights as a Tenant in a House in Multiple Occupation." Know Your Rights UK, https://www.knowyourrightsuk.com/housing/licensing-hmos