Houses in Multiple Occupation (HMO)

What is an HMO?

A house in multiple occupation (HMO) is a building (or part of a building, such as a flat or bedsit):

• in which two or more households share a basic amenity, such as bathroom, toilet or cooking facilities (standard test)

• that has been converted and does not entirely compromise of self-contained flats (converted building test)

• that is declared an HMO by the local authority

• that is a converted block of flats where the standard of the conversion does not meet the relevant building standards and fewer than two-thirds of the flats are owner-occupied (section 257 HMO).

A household refers to:

• families up to first cousins and includes single people, couples and same-sex couples

• other relationships, such as foster and other carers and domestic staff.

The building is to be used as the only or main residence of the occupants, which also includes the following situations:

• as a refuge for people escaping domestic violence

•  by students during term time 

• by migrants or seasonal workers

• by asylum seekers and their dependents, where the accommodation has been provided under section 95 of the Immigration and Asylum Act 1999 and the accommodation is provided by a private landlord under contract to or on behalf of UKVI. 

Licence summary

You are required to licence an HMO property if it is a:

• property occupied by five or more people forming two or more separate households, regardless of the number of storeys, or

• purpose-built flat in a block of up to two flats and occupied as an HMO by five or more people.

HMO licences need to be renewed every five years.

If you have a property that meets the description above and you do not already hold a licence for that property, then you need to apply for a licence.

What happens if I don't apply for a licence?

You could be prosecuted and receive an unlimited fine or a civil penalty of up to £40,000.

Are there any restrictions?

You must be a fit and proper person to hold an HMO licence. We may carry out checks to verify if you have:

• any previous convictions relating to violence, sexual offences, drugs and fraud

• previously broken any housing related laws or laws relating to landlord and tenant issues

• previously managed HMOs that have breached any approved code of practice.

Planning permission for HMOs

Please note that planning approval is required for change of use to a large HMO where there are 7 or more people. Planning permission would need to be approved before any licence for 7 or more people is granted.

Building Control approval for HMOs

Please note that Building Control approval is required for change of use to HMOs (rooms for residential use) for 7 or more people.

Building regulations will also be required for a variety of renovation works, including plumbing and electrics, thermal insulation, structural alterations and extensions. 

For more information, please email Buildingcontrol@3csharedservices.org or call 03007 729622.

How do I apply?

Complete the application and pay the fee online. You will also need to provide a site layout plan showing the site boundaries and the proposed arrangements of the HMO accommodation.

After we receive your application, we will arrange to inspect your HMO to make sure it meets the required standards, management requirements, facilities and fire safety standards which we outline in our guidance [PDF, 0.8MB].

If we find that the premises are satisfactory, we will issue you with a licence and details of any licence conditions [PDF, 0.2MB].

How do I renew?

You must renew your licence before it runs out.

Complete the application and pay the fee online. After we received your application we may arrange to inspect your HMO to make sure it continues to meet the required standards for condition, management, facilities and fire safety. If we find that the premises are satisfactory we will issue you with a licence and details of any licence conditions.

Fees

• initial licence: £705

• licence renewal: £375

• revocation of licence: £185

• variation of licence simple £75

• variation of licence large (inspection required) £225

If an HMO fails to meet the terms and conditions of the licence, a further charge of £165 per additional officer/visit, plus any third-party costs (such as gas engineers' fees) may be payable when you renew your licence.

Does tacit consent apply?

No. You must obtain a licence before operating an HMO.

What are the penalties for failing to have a licence?

It is a criminal offence to operate a licensable HMO without a licence. An unlimited fine may be imposed for failing to obtain a licence.

Civil penalties of up to £40,000 could be imposed as an alternative to prosecution.

Landlords may also be required to repay up to 2 years' worth of rent or housing benefit received while the HMO was not licensed.

If a property is operating as an HMO then we are authorised to take control of it if there is no reasonable prospect of it being licensed in order to protect the safety, health and welfare of occupiers and neighbours.

Appeals and complaints

If you are refused a licence or want to appeal against a licence condition you can appeal to the First Tier Tribunal (Property Chamber) within 28 days of the decision being made.

If you have any concerns or complaints about an HMO or suspect that an HMO is not licensed, please contact us.