Your landlord has extra legal responsibilities if the house or flat you share with other tenants is a house in multiple occupation (HMO).
Extra legal protection in shared housing
Your landlord usually has extra legal responsibilities if the home you rent is a house in multiple occupation or HMO.
The extra rules are there to reduce the risk of fire and to make sure that people living in shared houses or flats have adequate facilities.
Extra responsibilities of HMO landlords
Landlords of HMOs must make sure that:
- proper fire safety measures are in place, including working smoke alarms
- annual gas safety checks are carried out
- electrics are checked every 5 years
- the property is not overcrowded
- there are enough cooking and bathroom facilities for the number living there
- communal areas and shared facilities are clean and in good repair
- there are enough rubbish bins/bags
Get advice about rights and responsibilities in an HMO.
Is your home a house in multiple occupation?
Your home is probably an HMO if:
- 3 or more unrelated people live there as at least 2 separate households – for example, 3 single people with their own rooms, or 2 couples each sharing a room
- the 3 or more people living there share basic amenities, such as a kitchen or bathroom
An HMO could be a:
- house split into separate bedsits
- shared house or flat, where the sharers are not members of the same family
- bed-and-breakfast hotel that is not just for holidays
- shared accommodation for students – although many halls of residence and other types of student accommodation owned by educational establishments are not classed as HMOs
Ask your local council to check if your home is registered as an HMO.
Responsibility for repairs in HMOs
Your landlord is responsible for any repairs to communal areas of your home.
They are also responsible for repairs to:
- the structure and exterior of the house – including the walls, window frames and gutters
- water and gas pipes
- electrical wiring
- basins, sinks, baths and toilets
- fixed heaters (radiators) and water heaters
Check your rental agreement to find out who's responsible for what.
Find out more about responsibility for repairs in private rented homes.
HMO licence for a shared home
Your landlord must get a licence from the council if the HMO:
- has 5 or more unrelated people live in it
- has 2 or more separate households living there
Some councils also require other HMOs to be licensed. Some councils require all private landlords to get a licence.
Check with your local council to find out if your landlord needs a licence and has obtained it.
HMOs don't need to be licensed if they are managed or owned by a housing association or co-operative, a council, a health service or a police or fire authority.
Licences usually last for 5 years but some councils grant them for shorter periods. When deciding whether to issue or renew a licence, the council checks that:
- the property meets an acceptable standard. For example, it looks at whether the property is large enough for the occupants and if it is well managed
- the landlord is a 'fit and proper' person
Minimum bedroom size for HMOs
Some houses in multiple occupation must be licensed by the council.
If your landlord applied for a HMO licence on or after 1 October 2018 or has renewed it since, bedroom sizes must be at least:
- 6.51 square metres for an adult
- 10.22 square metres for two adults
- 4.64 square metres for a child under 10 years old
Some councils may set higher standards for bedroom sizes.
If a room is used as bedroom and doesn’t meet the size requirement, the council may allow your landlord up to 18 months to make the room larger or move you to a different bedroom.
The council can prosecute or fine your landlord if a bedroom is smaller than standards allow.
Right to rent
If you want to rent privately in England, the landlord must check that you have the 'right to rent'.
Landlord penalties for not having an HMO licence
Your landlord can be fined and ordered to repay up to 12 months' rent if you live in a HMO that should be licensed but isn't.
Apply for a rent repayment order within a year of the HMO being unlicensed using:
- this form if the HMO was unlicensed before April 5 2018 and your landlord has been convicted
- this form in all other cases
Any housing benefit or universal credit you have used to help you pay your rent will be reclaimed by the council.
Contact the council if you need help with your application or use the guidance that comes with the form.
Many people living in HMOs have an assured shorthold tenancy. If you're an assured shorthold tenant and the HMO should be licensed but isn't, your landlord won't be able to evict you using a section 21 notice.
How to complain about an HMO landlord
Contact the environmental health department of your local council if you live in an HMO and you don't think your landlord is following these rules.
The council can do an assessment using the Housing Health Safety Rating System. This assessment looks for specific hazards in the home. It allows councils to take action against landlords whose properties are not safe or fit to live in.
The council can prosecute landlords of HMOs, or any manager they have employed, if they break the law. In extreme cases, the council can take over the management of the property.
Last updated 01 Oct 2018 | © Shelter
If you need to talk to someone, we’ll do our best to help