Worried about HMO rules, your rights, or rent repayment orders? We've broken down
the essential rules, rights, and processes so you can get the clarity you need, fast.
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 potentially. They face significant consequences, including unlimited fines or a civil penalty of up to £40,000. They can also face prosecution and potentially a banning order, which would prevent them from renting out properties in the future. Seperately a tenant living in an unlicensed HMO can also apply for a Rent Repayment Order.
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 the following necessary action: Firstly, you can report your landlord to the local council's housing team. They will investigate and can take enforcement action against the landlord. Depending on the circumstances, you can 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.
9. What is an additional HMO license?
An "Additional HMO license" is a licensing scheme introduced by local councils to regulate smaller HMOs that are not covered by the national mandatory licensing scheme. Mandatory Licensing applies nationally to any HMO with five or more occupants. 'Additional Licensing' is a local scheme. It usually applies to HMOs with three or four occupants who form more than one household and share facilities.
10. Which landlords or properties are exempt from getting an HMO license?
Certain properties and landlords are exempt from HMO licensing. Exemptions include: 1. Buildings managed or controlled by public bodies like local authorities, police, or the NHS. 2. Buildings regulated under other legislation, such as care homes, prisons, or bail hostels. 3. Buildings occupied by religious communities. 4. Student halls of residence managed by an educational establishment that has signed up to an Approved Code of Practice. 5. A property where an owner-occupier lives and has no more than two tenants or lodgers. 6. Properties subject to a valid Temporary Exemption Notice (TEN).
11. Can I actually get my rent back if my landlord doesn't have an HMO licence?
Yes, you can. Tenants who have lived in an unlicensed HMO can apply to the First-tier Tribunal for a Rent Repayment Order (RRO) . If successful, the Tribunal can order the landlord to repay a portion, or even all, of the rent paid during the period the property was unlicensed.
12. How much rent can I claim back if my landlord doesn't have an HMO licence?
The maximum amount you can apply for is up to 100% of the rent paid, covering the period the offence was committed . For the specific offence of managing an unlicensed HMO (which is considered an "ongoing offence" as it continues over time), you can claim for up to two years' worth of rent that you paid.
13. How do I calculate how much I can claim back from an unlicensed HMO?
First you will have to Identify the Relevant Period, for when the offence was committed, up to a maximum of 2 years. The you calculate the total amount of rent paid during that period. Subtract any monies rpaid for utilities like gas, electricity, or internet that only you benefit from. This will give you the maximum amount of rent that can be claimed. It is important to mention here that, the Tribunal considers the seriousness of the offence and other factors to determine the final percentage of the rent (e.g., 80% of the maximum) that must be repaid.
14. How much time do I have to claim my rent back if I lived in an unlicensed HMO?
You must apply to the First-tier Tribunal within 12 months of the date the offence was committed. This time limit is strict. Recent case law has clarified that the clock starts running from the moment the landlord's behaviour "ceases to be blameworthy," which is open to interpretation and makes it crucial to act quickly.
Check if your landlord has the necessary HMO license.
The above resource is for educational & general purposes only