Key Things Renters Should Know Before Sharing a House in England

Sharing a house can be a great way to save money and meet new people in England, but it does come with important legal and practical considerations. From House in Multiple Occupation (HMO) rules to your tenancy rights and responsibilities, there are key steps to protect yourself before you sign a tenancy agreement or move in with housemates.

Understanding Shared Housing and Your Tenancy Type

In most shared housing situations, you and your housemates may sign either a joint tenancy (all names on one contract) or individual agreements (each person on a separate contract). Your rights can vary depending on your agreement:

• Joint tenancy: All tenants are equally responsible for rent and any damage to communal areas.
• Individual tenancy: You are only responsible for your own rent and the specific room or area outlined in your contract.

Most renters in England have an Assured Shorthold Tenancy (AST), which offers important legal protections under the Housing Act 1988¹, including deposit protection, eviction notice periods, and rent increase rules.

Important Legal Requirements for Houses in Multiple Occupation (HMOs)

If you share accommodation with two or more unrelated people, your property may be classed as a House in Multiple Occupation (HMO). Landlords must meet extra legal standards for HMOs, such as:

• HMO licensing from the local council (required for properties with 5+ occupants forming more than one household)
• Up-to-date gas and electrical safety certificates provided to tenants
• Provision of adequate bathroom and kitchen facilities
• Ongoing maintenance of fire safety equipment and escape routes

You can check if your rented home needs an HMO licence by contacting your local council. If your landlord fails to obtain a licence, you may have rights to claim back rent.

Key Documents and Forms Shared Renters Should Know

1. Tenancy Agreement

This legally binding contract outlines your rights and responsibilities. Ensure you receive a written agreement—never rely on verbal arrangements. The agreement should specify:

• The deposit amount (which must be protected in a government-approved Tenancy Deposit Scheme)
• How and when rent is paid
• Notice periods for moving out
• How communal areas and bills are handled

2. Form 6A – Section 21 Notice

Name/Number: Form 6A (Section 21 notice for seeking possession of a property let on an AST)
When Used: If your landlord wishes to evict you after a fixed term ends or during a periodic tenancy, they must use Form 6A to provide at least two months’ notice.
Practical Example: If you receive Form 6A, you have at least 2 months to find new accommodation and seek advice. You can view the official form and details on the government website.

3. Form 3 – Section 8 Notice

Name/Number: Form 3 (Section 8 notice seeking possession of a property let on an AST)
When Used: Used by the landlord if requesting possession due to a breach of tenancy (e.g., rent arrears, damage). The notice period can vary.
Practical Example: If you are behind on rent, you may receive Form 3. You can see the official form and guidance via the official source.

4. Application to the First-tier Tribunal (Property Chamber – Residential Property)

When Used: If you want to challenge a rent increase, a HMO licence issue, or dispute a deposit return, you can apply to the First-tier Tribunal (Property Chamber) for residential tenancies.
Practical Example: If you believe a rent increase is unfair or your landlord refuses to return a protected deposit, you can submit an application form directly to the tribunal. See official tenancy forms and select the appropriate form for your issue.

Your Rights and Responsibilities in Shared Housing

• Paying Rent: Ensure you know who is responsible for paying rent, and how it is divided among housemates. In joint tenancies, all tenants are liable for the full rent.
• Damage and Deposits: Deposits in England must be protected in an approved scheme. Get confirmation from your landlord with the prescribed information within 30 days of payment.
• Repairs and Safety: Landlords are required to keep the property safe and in good repair. Report maintenance issues in writing and keep copies of correspondence. Learn more at repairs in rented housing.

Steps to Take Before Moving In

Before you move in, follow these action steps to protect your rights:

• Read and understand your tenancy agreement—ask for clarification before signing.
• Check that your deposit is protected within 30 days (Tenancy Deposit Protection).
• If your home is shared by 5 or more people, ensure your landlord has an HMO licence. You can confirm with your local council.
• Request copies of gas safety and energy performance certificates, and ensure smoke alarms are working.
• Arrange a clear agreement with your housemates on bills and communal responsibilities.

Common Issues in Shared Housing—and What to Do

• Rent arrears: Talk to your landlord early. If you receive a Section 8 notice, seek advice immediately.
• Disputes with housemates: Try to resolve issues amicably. If needed, speak to your landlord or letting agent.
• Unlicensed HMO: Report unlicensed shared accommodation to your local council for investigation.
• Unsafe property: If urgent repairs aren’t carried out, contact your local council’s Environmental Health department.

By taking these practical steps and knowing your rights, shared housing in England can be a secure and positive experience for everyone involved.

Frequently Asked Questions About Sharing a House in England

1. Do all shared houses require an HMO licence?
   Not all do, but most rented properties shared by five or more unrelated people require an HMO licence from the local council. Check with your local council if you are unsure.
2. What rights do I have if another tenant refuses to pay their share of the rent?
   In a joint tenancy, all tenants are jointly and severally liable for the whole rent, so you may be responsible for the shortfall. Open communication and early discussion with your landlord is vital.
3. How do I challenge an unfair rent increase in shared housing?
   If you believe a Section 13 rent increase is unfair, you can refer it to the First-tier Tribunal (Property Chamber) within the specified notice period.
4. What official forms should I expect when being asked to leave?
   Section 21 (Form 6A) or Section 8 (Form 3) notices are official forms your landlord must use to end a tenancy. Make sure to check the notice period and seek advice if you receive one.
5. What should I do if my deposit isn’t protected?
   First, check with the three government-approved schemes. If it’s not protected, you may be entitled to compensation—seek advice from your local council or the First-tier Tribunal.

Conclusion: What Every Renter Should Remember

• Always have a written tenancy agreement and make sure your deposit is protected.
• Check if your shared home requires an HMO licence and confirm essential safety certificates are in place.
• Know your rights regarding notices, repairs, and rent payment. Contact your local council or the First-tier Tribunal for independent support if problems arise.

Taking these steps before and during your tenancy helps ensure a safer, fairer experience in shared housing in England.

Need Help? Resources for Renters

• Private renting guidance (Gov.uk) – Comprehensive advice on rights and obligations
• Find your local council – For HMO licensing checks and housing complaints
• Tenancy deposit protection schemes – To check your deposit status
• First-tier Tribunal (Property Chamber) – To resolve tenancy disputes and challenge rent increases
• Official tenancy forms – Council and court forms for renters and landlords

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1. Housing Act 1988, Part I – Tenancies
2. Form 6A (Section 21 notice)
3. Form 3 (Section 8 notice)
4. First-tier Tribunal (Property Chamber) – Residential Property
5. Tenancy Deposit Protection – Gov.uk
6. HMOs: licensing and management – Gov.uk

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