Do You Need a Licence for an HMO in England?

If you’re renting a room in a shared house or flat in England, you may have heard the term ‘HMO’. As a renter, it’s important to understand whether your property needs a licence as a House in Multiple Occupation (HMO), and how this affects your rights, safety, and comfort. This guide breaks down HMO licensing rules in plain English, so you know what to expect and what steps to take if things go wrong.

What Is an HMO and Does My Home Count?

An HMO, or House in Multiple Occupation, is a property rented out by at least three people who are not from one household (for example, not all family members) but share facilities like the kitchen or bathroom. Common examples include student houses and bedsits.

• If three or more unrelated people share, your accommodation may be classed as an HMO.
• If five or more people share, special licensing rules usually apply (see below).
• ‘Household’ usually means immediate family or a couple.

When Does an HMO Need a Licence?

Most large HMOs in England require a licence from the local council. This aims to keep renters safe and ensure proper living standards. Licensing rules can vary by area but must follow national law.

Mandatory HMO Licensing

• Your home must be licensed if all of the following apply:
  • Five or more people live there
  • They form more than one household
  • They share kitchen, bathroom, or toilet facilities

Some councils also run ‘additional licensing’ schemes, meaning smaller HMOs (with 3+ tenants from more than one household) might also need a licence. Always check with your local council’s HMO licensing rules.

What Does HMO Licensing Mean for Renters?

• The landlord must meet safety standards for gas, electrics, and fire safety
• The property must not be overcrowded
• Facilities and conditions must meet the minimum standard set by law
• If a landlord fails to obtain a required HMO licence, tenants can report them to the council. Renters may even reclaim rent paid during an unlicensed period (see below for forms).

How to Check If Your HMO Has a Licence

It’s your right to know if your shared home is properly licensed. You can:

• Ask your landlord directly for a copy of the HMO licence
• Contact your local council and ask about the HMO public register (many councils publish these online)

What Happens If My HMO Should Be Licensed But Isn’t?

If your home needs a licence and your landlord doesn’t have one, you can take action:

• Report the landlord to the council (they can issue fines and enforcement notices)
• Apply for a Rent Repayment Order (RRO) to reclaim up to 12 months’ rent

Relevant Official Forms and How to Use Them

• Rent Repayment Order Application (Form RRO1):
  
  • When to use: If your landlord did not have the required HMO licence while you were a tenant, you can use this form to claim back up to 12 months’ rent.
  • How to use: Complete and submit Form RRO1 to the First-tier Tribunal (Property Chamber).

You can find more details and the application form on the official Rent Repayment Order guidance.

Who Handles Disputes or Applications?

All disputes about HMO licensing and Rent Repayment Orders in England are handled by the First-tier Tribunal (Property Chamber). It deals with issues like rent repayment, licence appeals, and housing conditions.

Relevant Legislation for HMO Licensing

HMO licensing rules are governed by the Housing Act 2004 Part 2 and Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018. These laws set out what counts as an HMO, licensing responsibilities, and tenant protections.

FAQ: HMO Licensing in England

1. How do I find out if my landlord has a valid HMO licence?
   You can ask your landlord directly for proof, or check with your local council, which must keep a public register of licensed HMOs.
2. What should I do if I think my house is an unlicensed HMO?
   Contact your local council’s private housing or environmental health team. You can also consider applying for a Rent Repayment Order to reclaim rent.
3. Can I be evicted if I report my landlord for an unlicensed HMO?
   It is illegal for landlords to evict or harass tenants for reporting housing offences. If you face eviction, contact council or renters’ advice services immediately.
4. Does HMO licensing cover repairs and safety standards?
   Yes, a licensed HMO must meet minimum safety and amenity standards set by law, including fire safety, adequate facilities, and regular checks.
5. Is there a minimum room size for HMOs in England?
   Yes. In licensed HMOs, the minimum sleeping room size is 6.51m² for one adult. See the official regulations for details.

Conclusion: What Renters Should Remember

• If your shared home meets HMO criteria in England, it may need a licence by law
• Licensing helps ensure safety, proper management, and fair treatment for tenants
• Councils and independent tribunals can help if you suspect a licensing breach

In short: knowing your home’s HMO status and licence situation helps protect your rights as a tenant.

Need Help? Resources for Renters

• Government HMO Guidance for Tenants
• Find Your Local Council (for HMO queries and complaints)
• Rent Repayment Order Application Guidance
• First-tier Tribunal (Property Chamber)
• Contact the Department for Levelling Up, Housing and Communities

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1. Housing Act 2004 Part 2
2. Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018
3. GOV.UK HMO overview
4. Official Rent Repayment Order guidance and forms
5. The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018
6. First-tier Tribunal (Property Chamber)

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