Does my house share need an HMO licence?

Short answer

A mandatory licence is needed where five or more people from two or more households share facilities. Smaller shares can still require one under a council’s additional or selective licensing scheme. Check your council’s public register — letting a licensable HMO without a licence is a criminal offence.

A property is a House in Multiple Occupation where three or more people from more than one household live there and share facilities such as a kitchen or bathroom. Being an HMO brings extra duties; whether a licence is needed is a separate question.

When a licence is required

Mandatory licensing applies to larger HMOs — generally five or more occupants from two or more households sharing facilities.
Additional licensing schemes, run by individual councils, extend licensing to smaller HMOs in a defined area.
Selective licensing can require a licence for any private let in a designated area, HMO or not.

Because the last two are local, the only reliable check is your council’s website and its public register of licensed properties. Your landlord must also display the licence in the property and give you a copy on request.

What licensing buys you

Licensed HMOs must meet minimum room size requirements and fire safety standards, and the council can attach conditions on amenities, waste and management. If those standards are not being met, report it to the council’s housing enforcement team, which can inspect and require improvements.

If your landlord has no licence

Operating a licensable HMO without a licence is a criminal offence. Councils can impose civil penalties of up to £30,000, and — the part that matters most to tenants — you can apply to the First-tier Tribunal for a rent repayment order of up to 12 months’ rent. No criminal conviction is needed first, and each tenant can claim in respect of their own rent. Apply within 12 months of the unlicensed period.

One more thing worth checking in a shared house: what kind of agreement you actually hold. A joint tenancy over the whole property gives all of you shared rights and shared liability for the rent; an individual room agreement covers only your room and generally offers less security. The difference affects what happens when one housemate leaves, so ask Citizens Advice to look at the paperwork if you are unsure. Note too that while landlords have some say over communal areas, they cannot unreasonably restrict access to shared facilities you are entitled to use — raise that in writing if it happens.

Read the full guide: Houses in Multiple Occupation (HMO) BasicsCovers eligibility, the process, deadlines, and next steps in depth.

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