HMO licensing: when you need a licence
When a house in multiple occupation needs a mandatory licence in England, minimum room sizes, additional licensing and the penalties for letting without one.
By Paul Ashley, Founder of LET NEXUS and landlord since 2015
Last reviewed · 4 min read
A house in multiple occupation (HMO) is a property let to three or more people who form more than one household and share facilities such as a kitchen or bathroom. Many HMOs need a licence from the local council.
When a licence is mandatory
- Mandatory licensing applies to HMOs occupied by 5 or more people forming 2 or more households, regardless of how many storeys the property has.
- Councils can also require licences for smaller HMOs in their area through 'additional licensing' schemes. Always check with your council.
- Licences usually last up to 5 years and come with conditions you must follow.
Minimum bedroom sizes in licensed HMOs
- 6.51 square metres for a room used by one person aged over 10.
- 10.22 square metres for a room used by two people aged over 10.
- 4.64 square metres for a room used by one child under 10.
- Rooms under 4.64 square metres can't be used as sleeping accommodation.
If you don't have a licence
Letting a licensable HMO without a licence is an offence. Councils can issue substantial civil penalties or prosecute, and tenants can apply for rent repayment orders.
Your checklist
- Count the occupiers and households in each shared property
- Check your council's mandatory and additional licensing rules
- Apply for a licence before letting a licensable HMO
- Check bedroom sizes meet the minimums
- Record the licence expiry date and conditions
- Arrange fire risk assessments and other HMO safety measures
Frequently asked questions
Is a couple one household?
Yes. A couple, or members of the same family, living together count as one household.
Does every HMO need a licence?
Not always. Mandatory licensing covers 5 or more people in 2 or more households, but your council may require licences for smaller HMOs too.
Official guidance
- GOV.UK: Houses in multiple occupation and residential property licensing reform
- GOV.UK: House in multiple occupation licence
This guide is general information for landlords in England and isn’t legal advice. Rules differ in Scotland, Wales and Northern Ireland, and can change. Always check the official guidance or take professional advice for your situation.
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