How HMO Status Changes Your Rights as a Tenant in England

If you rent a room or share facilities in England, you may live in a House in Multiple Occupation (HMO). HMOs have special rules and extra protections for tenants, but what does this mean for your everyday rights? This article explains the impact of HMO status on issues like eviction, rent, and repairs, with practical advice for renters.

What Is an HMO?

An HMO is a property where at least three people from more than one household share facilities like kitchens or bathrooms. Common examples include shared houses, bedsits, or some types of flat shares. If five or more people share, the property is a "large HMO" and must be licensed by the council. HMOs in England must meet safety, overcrowding, and management rules, often stricter than other rented homes.¹

How Does Living in an HMO Affect Your Rights?

HMO tenants have all the general rights and responsibilities as any private renter, under laws like the Housing Act 1988 and the Rent Act 1977. However, additional legal requirements apply only to HMOs. Here’s how HMO status may affect you:

1. Safety Standards and Repairs

• HMOs must have working smoke alarms and, in many cases, fire doors and extinguishers.
• Landlords must carry out annual gas safety checks and provide up-to-date safety certificates.
• Overcrowding regulations are stricter in HMOs—councils can enforce limits on the number of occupants.
• More frequent inspections and faster council response to serious hazards are required.

If your landlord fails to maintain safe living conditions, you can complain to your local council’s housing department. Councils have powers to inspect HMOs and order emergency repairs.

2. Licensing and How It Protects You

• Large HMOs (five or more people) must be licensed. Some councils require licenses for smaller HMOs too.
• If your HMO should be licensed but isn’t, you still have tenant rights—plus extra powers such as applying for a Rent Repayment Order.
• Unlicensed HMO landlords may also face prosecution, and tenants may be entitled to repayment of up to 12 months' rent.

3. Rent, Deposits, and Eviction in HMOs

Your tenancy type (for example, assured shorthold tenancy or excluded occupier/lodger) is usually more important than HMO status for eviction rules or deposit protection:

• Tenants with their own contract: Most HMO renters are assured shorthold tenants. You’re entitled to deposit protection and formal notice if asked to leave. See official guidance on tenancy deposit schemes.
• Lodgers sharing with their landlord: You usually have fewer protections and can be evicted with shorter notice. Read more about lodger rights.

However, if your landlord hasn’t licensed the HMO when required, they may not be allowed to evict you using a "Section 21" notice until the property is licensed.

Key Forms and Complaint Processes for HMO Tenants

• Rent Repayment Order (RRO): If you live in an unlicensed HMO and paid rent during this time, you can apply to a tribunal for a Rent Repayment Order. Use the Form RRO1 (Application for a Rent Repayment Order). For example, if your council finds your five-person shared house needed a license but did not have one, you could use RRO1 to claim rent back.
• Complaint to Local Council: If you believe your HMO is unsafe or unlicensed, register a complaint with your local council’s housing or environmental health team. Each council's contact form will vary; find your local authority using the government search tool.

Serious, unresolved complaints about eviction or rent may be taken to the First-tier Tribunal (Property Chamber) in England—the official body for resolving many residential tenancy issues.

FAQ

1. Does living in an HMO mean I can be evicted more easily? No, your rights mainly depend on your tenancy type. Most HMO tenants have assured shorthold tenancies and are entitled to formal eviction notice.
2. What safety standards must my HMO landlord meet? HMO landlords are required to maintain smoke alarms, gas safety checks, and supply adequate facilities. Larger HMOs must also provide fire escapes and ensure proper management.
3. Can I get compensation if my landlord didn’t license an HMO? Yes, you may apply for a Rent Repayment Order through the First-tier Tribunal up to 12 months’ rent, if certain conditions are met.
4. How do I check if my shared home is an HMO and needs licensing? Check with your local council or use their online property licensing register. Requirements can vary by area.
5. Who protects my deposit if I rent a room in an HMO? If you have an assured shorthold tenancy, your deposit must be protected in a government-backed scheme regardless of HMO status.

Conclusion: What Renters Should Know About HMOs

• HMOs come with extra safety and management rules, enforced by local councils for your protection.
• Your basic tenancy rights—like deposit protection and eviction notice periods—depend more on your tenancy type than HMO status.
• If your HMO should be licensed but isn’t, you may be entitled to rent repayment or extra protection from eviction.

Understanding whether you live in an HMO, and knowing your rights, helps you stay safe and secure in shared housing.

Need Help? Resources for Renters

• GOV.UK – Houses in Multiple Occupation (HMO) Guidance
• GOV.UK – Private Renting Advice
• Shelter England – Shared house and HMO rights
• First-tier Tribunal (Property Chamber) – For tenancy disputes and RRO applications
• Find Your Local Council – Report unsafe HMOs or licensing issues

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1. See official HMO definition and standards: Housing Act 2004, Part 7.
2. Deposit and eviction protection: Housing Act 1988; Rent Act 1977.
3. Rent Repayment Orders: Housing Act 2004, Section 73; Apply using Form RRO1 (official form).
4. Council HMO enforcement: GOV.UK HMO Guidance.

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