HMO tenancy rules: what tenants in shared houses need to know

A house in multiple occupation (HMO) is a property where three or more people from two or more different households share facilities such as a kitchen or bathroom. This includes most student houses, shared professional houses, and bedsit-style properties. HMOs have specific legal rules on top of the usual tenancy rules. Here are the key things you need to know as an HMO tenant.

Do I have a tenancy or a licence?

In most HMOs, each tenant has an individual tenancy or licence agreement for their room, with shared use of communal areas. Whether you have a tenancy (stronger rights) or a licence (fewer rights) depends on the terms of your agreement and who else shares your space.

If you have exclusive possession of your room under a fixed-term or periodic agreement, you likely have a tenancy. If the landlord or someone acting for them retains the right to move you between rooms or to use any part of the accommodation themselves, it may be a licence. The distinction matters because tenancy rights are stronger, licences do not benefit from all the same protections.

Licensing requirements

HMOs that have five or more occupants from two or more households, with shared facilities, must hold a mandatory HMO licence from the council. Smaller HMOs may require a licence under local additional licensing schemes, many councils have these in place.

Why this matters for you: if your landlord is operating an unlicensed HMO when a licence is required, you may be entitled to a Rent Repayment Order (RRO), a refund of up to 12 months' rent. You can apply to the First-tier Tribunal (Property Chamber) for this. Operating an unlicensed HMO is a criminal offence, and landlords can also face civil rent repayment liability.

You can check whether a property requires an HMO licence and whether one has been granted by contacting your local council.

Safety standards in HMOs

HMO landlords have specific safety obligations beyond those in ordinary tenancies:

Fire safety: HMOs must have adequate fire safety measures, typically interlinked smoke alarms on every floor, fire doors on habitable rooms, and clear escape routes. The specific requirements depend on the size and layout of the property.

Gas and electrical safety: as in all privately rented homes, annual gas safety checks and electrical installation inspections every 5 years are mandatory.

Adequate facilities: the council can require HMO landlords to provide adequate kitchen and bathroom facilities for the number of occupants. Overcrowded HMOs can face enforcement action.

Management regulations: HMO managers must comply with the HMO Management Regulations, which cover maintenance of communal areas, facilities, fire safety equipment, and the property's structure.

Communal areas and shared responsibilities

In an HMO, the landlord is responsible for the maintenance of all communal areas, hallways, staircases, kitchens, bathrooms, and shared lounges. Disrepair in communal areas is the landlord's responsibility, not the tenants' collective responsibility.

You are responsible for keeping your own room in reasonable condition and for not causing damage to shared facilities, but you are not responsible for repairs to fixtures, fittings, or the building fabric even in communal areas.

Overcrowding

If too many people are living in the HMO for its size and facilities, the council can take action against the landlord, not against you. If you believe your HMO is dangerously overcrowded, contact the council's private sector housing or environmental health team.

When should I contact Support for Tenants?

If you live in an HMO with disrepair, whether in your room or in communal areas, that your landlord will not fix, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Housing Act 2004 (legislation.gov.uk)
• Housing Act 1988 (legislation.gov.uk)

Related articles

• Selective licensing, what it means for tenants
• Fire safety and your landlord's duties
• Electrical safety and your landlord's duties