Mon. 06 July 2026
When tenants hear “unlicensed HMO”, they often imagine a terrible property. But that's not necessarily the case. An HMO can be clean, modern, well maintained and completely comfortable to live in, while still being legally required to have an HMO licence, and that distinction matters a lot.
Licensing isn't the same as property condition
HMO licensing isn't simply about whether your home looks safe or well maintained. In England, certain HMOs must be licensed. Local councils can also introduce additional HMO licensing schemes, meaning properties that wouldn't otherwise require a mandatory licence may still need one. So you could have a perfectly decent house, but if it was legally required to have a licence and didn't, the landlord may have committed a licensing offence. That can potentially give a tenant grounds to pursue a Rent Repayment Order (RRO), subject to the specific legal requirements.
“But the landlord didn't do anything wrong to me”. This is where things can get surprising. You don't necessarily need to show that your landlord neglected the property or that you suffered from mould, leaks or unsafe conditions. The issue can simply be whether the landlord was legally required to hold an HMO licence and failed to do so.
However, not every unlicensed property automatically means a tenant will win an RRO. The tenant still needs to establish the relevant legal requirements, and there can be defences and other factors affecting the outcome.
So, was your HMO actually licensed?
If you've lived in a shared house, it's worth checking:
How many people lived there?
Were you from separate households?
Did you share facilities such as a kitchen or bathroom?
Did your council require the property to be licensed?
Was there actually a licence covering your property during your tenancy?
Don't assume that because your home was nice, everything was legally compliant.
The important question isn't: “Was my HMO bad?” It's: “Was my HMO legally required to be licensed, and was it?” And if the answer is no, you may have something worth investigating. England and Wales have different housing laws and procedures, so the rules applicable to your property and the dates of your tenancy matter.
This information is for educational purposes, general guidance and is not legal advice. The rules can differ depending on where your property is located and the circumstances of your tenancy.