Rights of lodgers and HMO tenants in England

Living as a lodger or in a house in multiple occupation (HMO) brings specific rights and responsibilities for both tenants and landlords. This guide explains in plain language what lodgers and HMO tenants in England can expect about repairs, safety standards, deposits, notice periods, rent increases and eviction processes. It covers when a landlord can lawfully enter, how to challenge an unlawful notice, where to find and use official forms, and how to take disputes to the First‑tier Tribunal (Property Chamber) or courts. Examples show common steps tenants can take, including documenting problems, contacting the local authority about HMO licensing or hazards, and using the correct official forms to protect your rights.

Who is a lodger and who is an HMO tenant?

A lodger usually rents a room in a landlords home and often shares living space with the landlord; lodgers usually have fewer statutory protections than assured tenants. An HMO tenant lives in a property where three or more unrelated people share facilities or where the property requires a licence as an HMO; these tenants have protections on safety, licensing and standards. Housing law affecting assured tenancies traces to the Housing Act 1988^[1] and older rent protections in the Rent Act 1977^[2].

Key rights and duties at a glance

• Repairs and maintenance: landlords must keep structure, exterior, heating and hot water in working order and fix hazards quickly.
• Deposits: where deposits are taken for assured shorthold tenancies they must be protected in a government-approved scheme.
• Deadlines and notice periods: different notices and time limits apply depending on the tenancy type and grounds for possession.
• Entry and privacy: landlords must normally give reasonable notice before entering and can only enter at agreed times or in emergencies.
• Eviction and court: landlords must use the correct legal notice and, if necessary, a possession claim in the court to evict.

Repairs, safety and HMO licensing

If you live in an HMO the landlord may need a licence and must follow safety rules for fire, gas and electrics, plus provide adequate waste disposal and hot water. If hazards remain after you report them, you can contact the local authority to ask for an inspection; they can require the landlord to make improvements.

Notices, eviction and official forms

To start possession proceedings landlords must use the correct notice for the tenancy type. For assured shorthold tenancies a Section 21 notice may be used (prescribed form known as Form 6A)Form 6A^[3]. For rent arrears or other specified grounds a Section 8 notice is used (prescribed as Form 3)Form 3^[4]. If the landlord applies to court for possession they commonly start with the possession claim form N5N5^[5]. Using the wrong form or missing required information can delay a landlords case.

When to go to the tribunal or court

Disputes about deposits, certain tenancy terms, or possession can be decided by courts or by the First-tier Tribunal (Property Chamber) depending on the issue and the remedy sought; the tribunal hears some property disputes and can be the right place for certain types of claims^[6]. Before applying, gather written evidence: tenancy agreements, photos, bills, and messages.

Practical steps tenants can take now

1. Document the issue: take dated photos, make a short written log and keep receipts for any expenses.
2. Contact the landlord: report problems in writing and ask for a reasonable time to fix them.
3. Use official forms where required: if you receive a notice, check whether it is Form 6A, Form 3 or a court form and keep a copy.
4. If repairs are urgent and ignored, contact the local authority environmental health for an HMO inspection or hazard notice.
5. If the dispute cannot be resolved, consider making an application to the correct court or the First-tier Tribunal (Property Chamber).

FAQ

Do lodgers have the same legal protections as tenants?

Lodgers usually have fewer statutory protections because they share the landlords home; many standard tenancy protections apply to assured tenants rather than lodgers, so check your arrangement and any written agreement.

What notice should a landlord give to evict an HMO tenant?

For assured shorthold tenancies landlords may use a Section 21 notice (Form 6A) or, for specific grounds such as rent arrears, a Section 8 notice (Form 3); the correct notice and timescale depend on the tenancy and grounds for possession.

How do I report unsafe conditions in an HMO?

Tell the landlord in writing, allow a reasonable time to fix the problem, and if its not resolved contact your local authority housing or environmental health team so they can inspect and take enforcement action if necessary.

How-To

1. Collect evidence: take dated photos, keep messages and receipts, and write a short chronology of events.
2. Raise the issue with the landlord in writing and ask for a clear timescale to fix it.
3. If you receive a notice, check the form and grounds; seek advice before ignoring any deadline.
4. Contact the local authority for serious hazards or to check HMO licensing if the landlord does not act.
5. If the problem is unresolved, apply to the correct tribunal or court with your evidence and copies of attempts to resolve the matter.

Key Takeaways

• Keep clear records of repairs, communications and photos to support any dispute.
• Use the correct official notice or form for eviction or possession claims to avoid delays.

Help and Support / Resources

• House in multiple occupation (HMO) licence - GOV.UK
• Tenancy deposit protection - GOV.UK
• First-tier Tribunal (Property Chamber) - GOV.UK

1. [1] Housing Act 1988 - legislation.gov.uk
2. [2] Rent Act 1977 - legislation.gov.uk
3. [3] Form 6A (Section 21) - GOV.UK
4. [4] Form 3 (Section 8) - GOV.UK
5. [5] N5 claim for possession - GOV.UK
6. [6] First-tier Tribunal (Property Chamber) - GOV.UK