Living in a House Share? Your HMO Rights Explained

A House in Multiple Occupation (HMO) is a property rented out by at least 3 people who are not from one household (e.g. not a family) but share facilities such as a bathroom, kitchen, or toilet.

A property is an HMO if:

• It is rented to 3 or more tenants who form 2 or more households
• The tenants share a kitchen, bathroom, or toilet
• At least one tenant pays rent (or their employer pays rent on their behalf)

Examples of HMOs:

• A house shared by 3 friends, each paying rent individually
• A property let as bedsits with shared kitchen and bathroom
• A converted house with multiple studio flats sharing some facilities

A property is not an HMO if:

• It is occupied by a single family (even a large one)
• It is a purpose-built block of self-contained flats (unless the block itself was converted)
• The owner lives in the property with up to 2 lodgers

Under the Housing Act 2004, HMOs face additional regulations to protect tenants because shared housing carries higher risks for fire safety, overcrowding, and maintenance.

There are two types of HMO licensing in England:

Mandatory licensing

Applies to all HMOs with 5 or more tenants forming 2 or more households, regardless of the number of storeys. Since October 2018, there is no longer a requirement for the property to be 3 or more storeys.

The landlord must obtain a licence from the local council. The licence lasts up to 5 years and includes conditions about:

• Maximum number of occupants
• Minimum room sizes
• Fire safety measures
• Facilities (kitchens, bathrooms)
• Property management standards

Additional licensing

Many councils operate additional licensing schemes that require landlords of smaller HMOs (3-4 tenants) to also obtain a licence. This varies by area. Some councils apply additional licensing borough-wide; others target specific wards or streets.

Selective licensing

Some councils require all privately rented properties (not just HMOs) in certain areas to be licensed. Check your council's website to see if selective licensing applies in your area.

Operating an unlicensed HMO is a criminal offence. Landlords can face an unlimited fine on conviction, and tenants can apply for a rent repayment order to recover up to 12 months of rent.

HMOs must meet higher fire safety standards than single-occupancy rentals. Your landlord is legally required to provide:

• Fire doors: On all rooms that open onto an escape route (hallways, landings, stairwells). Fire doors must be self-closing and in good condition.
• Smoke alarms: Interlinked smoke detectors on every floor, tested regularly
• Fire blanket: In the kitchen
• Fire extinguisher: On each floor (required in some council licence conditions)
• Emergency lighting: In communal hallways and stairwells where there is no natural light
• Clear escape routes: Hallways and stairwells must be kept clear of obstructions at all times
• Fire safety signage: Clear fire exit signs and evacuation instructions

Your landlord must also carry out a fire risk assessment and review it regularly. You have the right to see this assessment.

If fire safety measures are missing or inadequate, report it to your local council's environmental health team and the fire service. This is a serious safety issue that should be addressed urgently.

Do not block fire doors open or remove smoke alarm batteries. These measures exist to protect your life.

The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 set minimum room sizes for licensed HMOs:

• Single occupancy bedroom: At least 6.51 square metres (approximately 70 sq ft)
• Double occupancy bedroom: At least 10.22 square metres (approximately 110 sq ft)
• Children under 10: At least 4.64 square metres per child

These are absolute minimums. Any room below these sizes cannot be used as sleeping accommodation, and the number in the licence must not be exceeded.

Regarding shared facilities, the licence conditions typically require:

• Kitchen: Adequate cooking and food storage facilities for the number of occupants. Generally, 1 cooker, sink, and fridge per 5 tenants as a minimum.
• Bathrooms: At least 1 bathroom (with toilet, wash basin, and bath or shower) per 5 tenants
• Washing facilities: Adequate provision for laundry
• Waste disposal: Sufficient bins for the number of occupants

If your bedroom is below the minimum size, your landlord is breaching their licence conditions. Report this to your council.

Every council maintains a register of licensed HMOs. Here is how to check:

• Check your council's website: Most councils have a searchable online register of licensed HMOs. Search by address or postcode.
• Contact the council directly: If there is no online register, phone or email your council's private sector housing team and ask whether the property is licensed.
• Ask your landlord: They should be able to show you a copy of the HMO licence, which must be displayed in the property.
• Use our landlord check tool: Enter your postcode at our landlord compliance checker to find out if your property requires a licence.

If the property should be licensed but is not:

• Report it to your local council
• You can apply for a rent repayment order to recover up to 12 months of rent
• The landlord cannot serve a valid eviction notice while the property is unlicensed
• The landlord faces an unlimited fine or civil penalty of up to £30,000

Living in an unlicensed HMO does not make your tenancy invalid. You still have all your normal tenancy rights, plus the additional remedies described above.

Beyond the standard tenant rights, HMO residents have extra protections:

• Landlord's name and address: Must be displayed in the property in a visible common area
• Property management: The landlord must keep communal areas clean, maintain the structure and exterior, and ensure all shared facilities are in working order
• Overcrowding: The landlord must not allow more people to live in the property than the licence permits
• Anti-social behaviour: The landlord has a duty to manage the property and address anti-social behaviour by other tenants
• Refuse and recycling: Adequate provision must be made for waste disposal

Your responsibilities as an HMO tenant:

• Keep your room and shared areas reasonably clean and tidy
• Do not damage fire safety equipment
• Follow any reasonable house rules set by the landlord
• Do not cause a nuisance to other residents
• Report repairs and safety issues promptly

If you have concerns about the management of your HMO, raise them with your landlord in writing first. If they do not resolve the issue, contact your local council or use our report issue tool to generate a formal complaint letter.