Recent HMO Law Changes Every Renter in England Should Know

Shared houses—formally known as houses in multiple occupation (HMOs)—are common in England, especially among students and young professionals. Recent legal changes now bring new protections and responsibilities for both renters and landlords living in HMOs. If you rent a room or share facilities with others in England, understanding these updates can help you feel more secure in your home and avoid surprises.

What Is an HMO and Who Is Affected?

An HMO (House in Multiple Occupation) is a property rented by at least three people from more than one household who share facilities like a bathroom or kitchen. Not all shared houses are HMOs, but most are, and they have special legal rules in England.

• If you live with at least two other unrelated people, your home is likely an HMO.
• Large HMOs (five or more tenants from more than one household) must be licensed by your local council.
• Even smaller HMOs may require additional licensing under local schemes.

Recent Legal Updates Affecting HMO Renters

Several changes in HMO law have been made in England over the past year, focused on improving safety, living standards, and renter protection.

• Minimum Bedroom Size: All bedrooms in HMOs must now meet minimum space requirements. For example, a room slept in by one person aged over 10 must be at least 6.51 square metres (see official guidance).
• Waste Management: Landlords must provide adequate bin facilities and waste management systems.
• Licensing Requirements: Many more HMOs now require a local council licence, even those with fewer than five tenants if a council has chosen to apply extra licensing.
• Health and Safety: More rigorous requirements are in place for fire safety measures, gas and electrical safety, and repairs.

Landlords who do not follow these new rules can face fines, and renters may have rights to compensation if living standards are not met.

Your Rights and Responsibilities as an HMO Renter

It's important to understand what you can expect from your landlord in an HMO, and what you are also required to do:

• Your home must be safe, free from serious hazards, and properly maintained.
• Your landlord must provide you with the government’s How to Rent a Safe Home guide and a copy of the HMO licence, if applicable.
• You must not overcrowd the property or cause illegal obstructions to exits and fire escapes.

Official Forms for HMO Renters

• Form: Application for HMO Licence (varies by council)
  When and How Used: Your landlord should use this form to ensure your property is legally licensed. However, if you suspect your landlord is not licensed, you can check with your local council and report concerns. Each council may have its own HMO licence application—find your local authority licensing process.
• Form: Form N161 – Claim for Rent Repayment Order
  When and How Used: If your landlord has failed to licence your HMO, you can apply for a Rent Repayment Order using Form N161 (official court form). For example, if you and your housemates lived in an unlicensed HMO, you can use this form to request a refund of up to 12 months' rent. The form is sent to the county court.
• Form: Complaint to the Local Council (online form or email)
  When and How Used: If living conditions are unsafe or your landlord isn’t meeting new standards, contact your local council's housing or environmental health team. Most accept complaints via an online form—report a problem (official government portal).

Which Tribunal or Board Handles HMO Disputes?

In England, residential tenancy issues, including HMO disputes, are overseen by the First-tier Tribunal (Property Chamber). You can use this tribunal if you need to challenge property management issues or apply for a Rent Repayment Order.

Relevant Legislation You Should Know

• Housing Act 2004 (Part 2 – Licensing of HMOs): Sets out legal standards and licensing for HMOs.
• Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018: Details specific licensing criteria.
• Minimum Room Size Requirements Regulation: Defines minimum room sizes for HMOs in England.

Action Steps: What to Do If Your HMO Isn’t Up to Standard

• Ask your landlord for a copy of the HMO licence and check its validity with your council.
• If you believe your home isn’t licensed or fails safety rules, report it to the council's housing team.
• If you paid rent for an unlicensed HMO, consider applying for a Rent Repayment Order using Form N161.

Frequently Asked Questions

1. What is an HMO and does my shared house count?
   An HMO is a house shared by at least three unrelated people who share facilities. If this fits your situation, your house is likely an HMO.
2. What are the new minimum space standards for bedrooms in HMOs?
   Each bedroom must be at least 6.51 square metres for a single adult (over 10 years old) according to new law.
3. Can I claim back rent if my HMO was not licensed?
   Yes, you can apply for a Rent Repayment Order using Form N161 for up to 12 months’ rent if your landlord ignored licensing requirements.
4. Where do I report problems with my HMO?
   You can report issues to your local council's housing team or directly through the government’s housing complaints portal.
5. Which tribunal deals with disputes in shared houses?
   The First-tier Tribunal (Property Chamber) handles HMO and other tenant-landlord matters in England.

Conclusion: Key Takeaways for HMO Renters

• Always check if your shared home needs and has an HMO licence, and that your landlord meets new safety and standards requirements.
• If your room is too small or your HMO isn’t licensed, you have strong legal rights to take action and seek support.
• Use official government forms and speak to your council if you are unsure about your rights or living conditions.

Staying informed means you can act on any issues quickly and protect your health, safety, and finances.

Need Help? Resources for Renters

• Official government HMO guidance for renters and landlords
• First-tier Tribunal (Property Chamber) – for resolving disputes or rent repayment applications
• Shelter England: HMO and shared housing advice
• Your local council’s housing department: Search “HMO register [your council name]” for more details and how to report issues

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1. Housing Act 2004 – Licensing of HMOs
2. Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 – Official legislation
3. First-tier Tribunal (Property Chamber) – Government tribunal portal
4. Minimum Room Size – Regulation 4 details
5. Form N161 – Claim for Rent Repayment Order – Official form
6. Report a repair or housing problem – Government portal

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