What Happens If Your Landlord Doesn’t Have an HMO Licence in England?

If you rent a home in England with other tenants—especially in a house in multiple occupation (HMO)—your landlord is legally required to have a valid HMO licence in most cases. This article explains what happens if they don’t, how it affects you as a renter, and the steps you can take to protect your rights.

What Is an HMO and Who Needs an HMO Licence?

An HMO (House in Multiple Occupation) is typically a property rented by three or more unrelated people who share facilities like a bathroom or kitchen. In England, landlords must have a mandatory HMO licence from the local council if:

• The property is rented to five or more people forming more than one household, and
• Tenants share facilities such as a kitchen, toilet, or bathroom.

Some councils require licences for smaller HMOs, so always check with your local authority.

What Are the Risks if a Landlord Fails to Get an HMO Licence?

Operating an unlicensed HMO is a criminal offence in England under the Housing Act 2004, Part 2. If your landlord doesn’t have the correct licence, they risk:

• Fines of up to £30,000 from the local council
• Repayment of up to 12 months’ rent to tenants (via a tribunal order)
• Difficulty evicting tenants—Section 21 eviction notices may be invalid

As a tenant, you still have rights and don’t lose your legal protections if the property is unlicensed.

How Does Lack of a Licence Affect You as a Tenant?

If your landlord is operating without an HMO licence when required, you can:

• Apply for a Rent Repayment Order to reclaim up to 12 months' rent
• Report your landlord to your local council’s housing department
• Know that any Section 21 ‘no-fault’ eviction notice may be invalid until the property is properly licensed

What Is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal tool that allows tenants to claim back rent if a landlord rents out an unlicensed HMO. RROs are made through the First-tier Tribunal (Property Chamber – Residential Property).
Find the official Rent Repayment Order application form (RRO1)

• Form name: Rent Repayment Order (RRO1)
• When used: If you paid rent during a period when your landlord should have had an HMO licence but did not.
• How to use: Complete the form and submit it with supporting evidence to the First-tier Tribunal. For example, you and your housemates who shared a 6-person property with no licence could each claim up to 12 months’ rent.

What Is the Official Tribunal for Rent Repayment Orders?

In England, the First-tier Tribunal (Property Chamber – Residential Property) is responsible for handling these cases, including Rent Repayment Orders.

Action Steps If Your Landlord Doesn’t Have an HMO Licence

• Contact your local council’s private housing/HMO licensing team using the council’s website or helpline.
• Gather evidence: Keep copies of your tenancy agreement, rent payments, correspondence about repairs, and any documents showing the property was unlicensed.
• Apply for a Rent Repayment Order if you want to reclaim rent. Use the RRO1 form and submit it to the First-tier Tribunal as soon as you have evidence.

Relevant Legislation and Official Resources

• Housing Act 2004 (Part 2): licensing of HMOs
• GOV.UK: Houses in Multiple Occupation (HMO) – licensing guidance
• GOV.UK: Renting as an HMO tenant

Frequently Asked Questions

1. Can my landlord evict me if I report them for not having an HMO licence?
   Landlords cannot lawfully evict you in retaliation. If they try, seek support immediately—the council or a tribunal can help protect your rights.
2. What happens if my landlord gets a licence after I report them?
   They can continue letting the property legally, but you may still be eligible for a rent repayment order for the period it was unlicensed.
3. How long do I have to apply for a rent repayment order?
   You must apply within 12 months of the unlicensed period. Gathering all evidence and acting swiftly is essential.
4. How do I know if my property should be licensed?
   If you live in a house or flat with 5 or more people from more than one household sharing facilities, your home probably needs an HMO licence. Check with your local council to be certain.
5. Will my tenancy be affected if my landlord doesn’t have a licence?
   No, your tenancy rights remain valid, and you don’t have to move out simply because the landlord failed to obtain a licence.

Summary: What Should Renters Remember?

• If your landlord doesn’t have an HMO licence when required, you have strong legal rights, including protection from eviction and possible rent repayment.
• Act quickly: Contact your local council and consider a Rent Repayment Order via the First-tier Tribunal.
• Your tenancy remains protected—focus on gathering evidence and seeking official help.

Need Help? Resources for Renters

• GOV.UK HMO tenant advice
• Shelter England: HMOs and licensing
• Find your local council
• First-tier Tribunal (Property Chamber – Residential Property)
• Citizens Advice: HMOs

---

1. ¹ Housing Act 2004, Part 2
2. ² GOV.UK: HMO Licensing Overview
3. ³ Rent Repayment Order Application Form (RRO1)
4. ⁴ First-tier Tribunal (Property Chamber)

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