Houses in multiple occupation (HMO)
What if your landlord does not have an HMO licence?
If your landlord should have an HMO licence but does not, they:
may not be able to evict you
could be ordered to repay your rent
may be banned from renting out properties
Sometimes the council can take over managing the property.
Eviction when the HMO is not licensed
Your landlord cannot evict you with a section 21 notice if:
the HMO should be licensed but is not
the landlord does not have a temporary exemption from licensing
What is a temporary exemption?
Sometimes the council says that a property does not need a licence for a short time.
They might do this to:
give the landlord time to meet HMO licensing standards
change the property from an HMO into a family home
Your landlord could give you a section 21 notice if they have a temporary exemption.
Your landlord must follow the legal eviction process.
Rent repayment orders
Your landlord can get a fine and could be forced to repay up to 12 months' rent.
You can apply for a rent repayment order using this form. You may have to pay a fee.
Any housing benefit or universal credit you used to pay your rent will be taken back by the council or the DWP.
Help to get a rent repayment order
Contact the council or use the guidance that comes with the form if you need help to apply.
These not for profit companies could also help you:
Banning orders
Councils can ban landlords from renting out properties if they are convicted of breaking housing law, for example by running an unlicensed HMO.
Find out more about action a council can take against landlords who break the law on Oxford council's website.
Last updated: 24 October 2022
