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What Is an HMO and What Does It Mean for Tenants?

In England, your home is a house in multiple occupation (HMO) if at least 3 tenants live there, forming more than 1 household, and you share a toilet, bathroom or kitchen. If 5 or more people from more than 1 household live there, it is a large HMO and the landlord must have a licence from the council.

For you, that means extra safety duties for the landlord, minimum bedroom sizes and, sometimes, a right to claim rent back. Scotland, Wales and Northern Ireland differ, as set out at the end.

What counts as an HMO in England

GOV.UK says your home is an HMO if both of these apply:

  • at least 3 tenants live there, forming more than 1 household
  • you share toilet, bathroom or kitchen facilities with other tenants

A household is a single person, or members of the same family who live together. That includes couples who live together and relatives such as siblings, grandparents and step-children.

So a couple sharing with one friend is an HMO: 3 people in 2 households. A family of five is not.

If your landlord lives in the home with you, you are probably a lodger rather than a tenant, and different rules apply. See lodger or tenant: what’s the difference.

When an HMO needs a licence

There are three types of licensing in England:

  • Mandatory licensing. Every large HMO needs one. That means 5 or more people forming more than 1 household, sharing a toilet, bathroom or kitchen, with at least 1 person paying rent.
  • Additional licensing. A council can extend licensing to smaller HMOs in its area. Shelter says some councils make all HMO landlords get a licence.
  • Selective licensing. A council can require landlords in a chosen area to license each privately rented home there.

A licence lasts for a maximum of 5 years, and the landlord needs a separate licence for each HMO. To get one, the landlord or manager must be considered fit and proper, and the house must be suitable for the number of people living there. Councils can add their own conditions.

Minimum bedroom sizes

If your HMO needs a licence, the licence must set minimum floor areas for rooms used for sleeping. These national minimums come from government guidance for councils:

Who sleeps in the room Minimum floor area
One person aged over 10 6.51 m²
Two people aged over 10 10.22 m²
One child under 10 4.64 m²
Any room under 4.64 m² Cannot be used as a bedroom

Shared space elsewhere does not make up for a small bedroom. Your council may set higher standards.

What your HMO landlord must do

The usual duties, such as repairs and gas safety, still apply. Shelter says that if you share your home with 4 or more people, your landlord must also make sure:

  • fire safety measures are in place, including working smoke alarms
  • shared areas and facilities are clean and in good repair
  • there are enough rubbish bins
  • there are enough facilities for cooking and washing
  • the property is not overcrowded

A licensed landlord must also send the council an updated gas safety certificate every year, install and maintain smoke alarms, and provide safety certificates for electrical appliances when asked. Some councils apply extra rules to smaller HMOs too.

Council Tax. In England, Shelter says your landlord is usually responsible for Council Tax if you live in an HMO. They may build the cost into your rent. If you are not sure who should pay, ask your council. For how shared costs add up, see house share cost per person.

How to check a licence, and what if there isn’t one

Contact your local council to check whether your HMO is licensed. Under the Housing Act 2004, every council in England and Wales must keep a register of the licences it has granted, and the public can inspect it.

A landlord can get an unlimited fine for renting out an unlicensed HMO. If your landlord has been renting out an unlicensed large HMO, you may also be able to reclaim some of your rent by applying to a tribunal. This is called a rent repayment order. See how rent repayment orders work.

Your council also enforces HMO standards, so report poor conditions to it.

Worked example (fictional)

Sam rents a room in a four-bedroom house in Leeds. A couple share the biggest room and three single people have the other rooms. That is 5 people in 4 households, sharing one kitchen and bathroom. It is a large HMO, so the landlord needs a mandatory licence.

  • The couple’s room is 3.2 m × 3.5 m = 11.20 m². That is above 10.22 m², so it is fine for two adults.
  • Sam’s room is 3.0 m × 2.9 m = 8.70 m². That is above 6.51 m², so it is fine for one adult.
  • The box room, let to the third single adult, is 2.4 m × 2.5 m = 6.00 m². That is below 6.51 m², so under the national minimum it should not be an adult’s bedroom. It is above 4.64 m², so it could only sleep one child under 10.

The council tells Sam the house is not licensed, so Sam looks into a rent repayment order.

Splitting the rent in a shared house

Rooms in an HMO often differ in size. Use the rent split calculator to work out a fair share for each room before you agree who pays what.

Scotland, Wales and Northern Ireland

  • Scotland: an HMO is a property rented by at least 3 unrelated people who share a bathroom or toilet and kitchen. The landlord must have an HMO licence from the council, apart from a few exemptions such as care homes. A licence usually lasts 3 years. Renting out an unlicensed HMO can mean a fine of up to £50,000.
  • Wales: HMO licensing is run by councils under the Housing Act 2004, with mandatory and additional licensing. Ask your council whether your home needs a licence.
  • Northern Ireland: an HMO is a home occupied by 3 or more people who form more than two households. Every HMO must be licensed by the local council.

Sources

This guide is general information, not legal or financial advice. Report a possible error.