1. What is an HMO, and why does it need a license?
A House in Multiple Occupation (HMO) is a property rented out by at least three people who are not from one single 'household' (for example, a family), but who share facilities like a kitchen or bathroom . This is common in shared houses and bedsits. The license exists to ensure the safety and wellbeing of tenants. It requires landlords to meet strict standards for fire safety, room size, and property management . The license aims to prevent overcrowding and poor living conditions by making sure the property is suitable for the number of people living there .
2. Does my landlord need an HMO licence?
Yes, if your property meets certain criteria. Your landlord must have a licence if your home is an HMO. There are two main types of licensing schemes: Mandatory Licensing: This is a national legal requirement for any HMO that is: Rented to five or more people who form more than one household. Tenants share kitchen, bathroom, or toilet facilities. Additional Licensing: Many local councils have their own additional licensing schemes that cover smaller HMOs. This often applies to properties rented to three or four people from more than one household who share facilities. Your local council’s website is the best place to check if an additional licensing scheme applies to your area.
3. How many people can live in a house without a HMO licence?
This question is based on a misunderstanding. The number of people is what determines if a property is an HMO and requires a license, not the other way around. For mandatory licensing, the trigger is 5 or more occupants. A property with 5 or more people sharing is almost certainly a licensable HMO. For additional licensing, the trigger can be as few as 3 occupants, depending on your local council's rules. The license, once granted, will also specify the maximum number of people who can legally live in the property. A landlord allowing more people than this is overcrowding the property, which is a serious offence.
4. How do I find out if my landlord has an HMO license?
There are a few ways to check: Check the Property: A copy of the HMO licence should be clearly displayed in a communal area of the property, such as the hallway or kitchen . Check Online: Many councils now maintain a public online register of licensed HMOs. You can search this database to see if your address is listed. If you're unsure or can't find the information, you can directly contact your local council's housing or private sector housing team. They will be able to confirm if a license has been issued for your property.
5. What happens if my landlord doesn't have a HMO licence?
This is a serious issue for the landlord. If they are operating a licensable HMO without a license, they are committing a criminal offence. They face significant consequences, including: Unlimited fines or a civil penalty of up to £40,000. Prosecution and potentially a banning order, which would prevent them from renting out properties in the future. Being ordered to repay rent through a Rent Repayment Order (see below).
6. What can I do if my landlord doesn't have an HMO license?
If you believe you are living in an unlicensed HMO, you have rights and can take action: Report it to the Council: You can report your landlord to the local council's housing team. They will investigate and can take enforcement action against the landlord. Apply for a Rent Repayment Order (RRO): You may be able to apply to a tribunal for a Rent Repayment Order. If successful, your landlord could be forced to repay you up to 12 months' rent (or potentially 24 months in some areas) that you paid while the property was unlicensed .
7. Can I be evicted from an unlicensed HMO?
This is a key protection for tenants. A landlord cannot easily evict you from an unlicensed HMO using a standard "no-fault" eviction. The law prevents a landlord from serving a valid Section 21 notice (the "no-fault" eviction procedure) if the property is an unlicensed HMO . Courts have consistently dismissed possession claims from landlords who try to evict tenants from unlicensed properties, as the notice is deemed invalid . This gives tenants significant protection while the landlord is breaking the law.
8. Am I in trouble if I live in an unlicensed HMO?
No, you are not in any trouble. The legal responsibility to obtain a license lies entirely with the landlord or managing agent . The law is designed to protect you, the tenant, from unsafe or overcrowded housing. The only risk you face is from the potential poor living conditions that the licensing system is meant to prevent. If you are in an unlicensed HMO, you are considered a victim of a housing offence, not a perpetrator.