What is an HMO and what licensing applies?
A House in Multiple Occupation (HMO) is a property occupied by people from more than one household who share facilities such as a kitchen, bathroom or toilet.
What counts as a household. A single person, a couple, or family members. Three friends sharing are three households; a couple and their children are one. This is what makes shared houses HMOs while family homes of the same size are not.
The basic definition: at least three people forming more than one household, sharing amenities. Bedsits, shared houses, some converted flats and many student lets qualify.
Mandatory licensing applies in England to HMOs occupied by five or more people in two or more households, regardless of how many storeys — the previous three-storey requirement was removed in 2018, which brought a large number of properties into scope that landlords did not realise.
Additional and selective licensing. Councils may extend licensing beyond the mandatory scheme:
Additional licensing covers smaller HMOs in a designated area.
Selective licensing can cover all private rented property in an area, HMO or not.
These vary enormously between local authorities and change, so checking with the specific council is essential — assuming national rules apply is a common and costly error.
What a licence requires: a fit and proper person test on the licence holder; minimum room sizes, with statutory minimums for sleeping accommodation; adequate kitchen, bathroom and toilet provision for the number of occupants; fire safety measures including alarms, fire doors and escape routes; gas and electrical safety certificates; and waste arrangements.
The penalties are severe. Operating an unlicensed HMO can result in an unlimited fine or a civil penalty up to £30,000, a banning order, and — critically — tenants can apply for a rent repayment order reclaiming up to twelve months' rent. An unlicensed landlord also cannot serve a valid Section 21 notice.
Planning permission may also be required, and Article 4 directions remove permitted development rights for HMO conversion in many areas.