Tenant Rights in Shared Houses and HMOs in England

Living in shared housing in England—like a house in multiple occupation (HMO), flat-share, or as a lodger—means certain protections and responsibilities. This guide explains the rights and duties of renters sharing accommodation, covering topics like deposits, rent increases, eviction, maintenance issues, and how to use official forms.

Understanding Shared Housing and HMOs

Shared housing is a term for when you rent a room in a property you share with others, either as separate tenants, a group on one tenancy agreement, or as lodgers. An HMO (house in multiple occupation) typically refers to a property shared by at least three people who are not from the same household and share facilities such as a kitchen or bathroom. Special rules apply for licenced HMOs in England. Read the official government HMO guidance for more details.

Your Tenancy Type and Why It Matters

Your legal rights depend on your tenancy type. In most shared houses, you'll hold an Assured Shorthold Tenancy (AST). Others may have licences (like lodgers who live with their landlord). Each offers different legal protections:

• Assured Shorthold Tenancy (AST): The standard contract for private renters. Provides protection from unfair eviction and sets rules for rent rises.
• Excluded Tenancy or Licence: Applies if you share with your live-in landlord (as a lodger). Fewer legal protections apply.
• Check your agreement or visit the UK government tenancy agreements page to confirm your status.

Main Tenant Rights in Shared Housing

If you have an AST in a shared house or HMO in England, you have the right to:

• Live in a safe property and have serious repairs carried out promptly
• Protection from unfair eviction and rent increases
• Have your deposit protected in a government-approved scheme
• See certain landlord safety certificates (gas, electricity, HMO licence)

Safety and Maintenance Requirements

Your landlord must keep the property safe and well-maintained, especially in an HMO. Duties include:

• Yearly gas safety checks with a Gas Safety Certificate (view details)
• Electrical safety checks every 5 years
• Fire safety measures (alarms, clear exits, fire blankets in kitchens)
• Prompt repair of essential facilities (heating, water, sanitation)

For serious disrepair or health risks, you can contact your local council’s environmental health team. Find your council using the UK council finder.

Rent, Deposits and Challenging Increases

Landlords must protect your deposit in an approved scheme, and you have a right to receive prescribed information about it. If your landlord wants to raise your rent, they must follow a proper process:

• Section 13 Notice (Form 4): Used by landlords of ASTs in periodic tenancies (rolling contracts) to propose a rent increase. You must receive this on the correct official form with at least one month's notice.
  Example: If you pay rent monthly and your landlord wants to increase it, they should serve a Form 4 – Notice of Increase in Rent under section 13(2) of the Housing Act 1988. If you believe the increase is unfair, you can challenge it.

Challenging a Rent Increase: If you disagree, you must apply to the First-tier Tribunal (Property Chamber – Residential Property) before the new rent starts. The tribunal decides if the proposed rent is reasonable compared to similar local properties. Learn more or apply at the First-tier Tribunal (Property Chamber) – Residential Property.

Eviction Rules in Shared Houses

Landlords must follow a strict legal process to end your AST:

• Section 21 Notice: For ‘no-fault’ eviction at the end of a fixed term or during a periodic tenancy. Must use the correct form and provide at least two months’ notice.
  Learn more: Section 21 eviction guidance
• Section 8 Notice: Used when the landlord has grounds for eviction (like rent arrears or anti-social behaviour). Minimum notice depends on the specific reason.
  See details: Section 8 grounds and process

If your landlord fails to follow the legal process, the eviction may be invalid. You can challenge illegal eviction at the tribunal or local council.

Lodgers and Excluded Occupiers

If you share with your landlord, you’re likely an excluded occupier, so you’re entitled to ‘reasonable notice’ but much less legal protection against eviction. Find more on rights for lodgers and excluded occupiers.

Relevant Official Forms for Tenants

• Form 4: Section 13(2) Notice
  For AST tenants, used by landlords to propose a rent increase on a rolling contract.
  Tenant Example: If you receive this form and disagree, you can apply to the tribunal before the new rent starts. Get the form and official details from the government assured tenancy forms page.
• Form N244: Application Notice
  Used if you need to ask a court to delay, suspend, or set aside a possession order.
  Tenant Example: If an eviction process is underway but you need more time, you would fill out Form N244 and submit it to the court handling your case.
• Deposit Dispute Forms: Use your deposit protection scheme’s official process to challenge unfair deductions when leaving your HMO or shared house. See the government deposit dispute guidance for action steps.

Key Legislation Protecting Shared House Renters

The main law for shared house and HMO tenants in England is the Housing Act 1988. This Act sets rules for ASTs, evictions, and rent control. Other relevant laws include the Housing Act 2004 (which covers HMO licensing and safety) and protections for deposits under the tenancy deposit regulations.

Frequently Asked Questions

1. How can I challenge a rent increase in my shared house?
   Ask your landlord about the reason for the rise, check if the official Section 13 Form 4 was used, and if you believe it’s unreasonable, apply to the First-tier Tribunal before the new rent date.
2. What should I do if my landlord isn’t making repairs?
   Write to your landlord requesting repairs, and if nothing happens, contact your local council’s environmental health team for help.
3. Can I be evicted without notice from an HMO in England?
   No, tenants on an AST must receive proper legal notice (Section 21 or 8). Lodgers sharing with a landlord receive ‘reasonable notice’, often equal to their rent period.
4. What documents should my landlord provide in an HMO?
   Landlords must provide a copy of the HMO licence, gas and electrical safety certificates, and details of your deposit protection scheme.
5. Where can I get support if my eviction notice seems unfair?
   Contact the First-tier Tribunal (Property Chamber – Residential Property), your local council, or a housing advice charity like Shelter for help.

Need Help? Resources for Renters

• Official UK Government Renting Guidance
• First-tier Tribunal (Property Chamber) – Residential Property (handles rent and eviction disputes)
• Shelter England (housing rights, advice and emergency support)
• Find Your Local Council (for disrepair or safety issues)
• Citizens Advice – Housing help

---

1. Housing Act 1988
2. Housing Act 2004
3. UK Government HMO Guidance
4. Assured Tenancy Official Forms
5. First-tier Tribunal (Property Chamber) – Residential Property

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation