HMO Licensing Requirements and Standards

What This Requirement Covers

A House in Multiple Occupation (HMO) is a property occupied by three or more people forming two or more separate households who share facilities such as bathrooms or kitchens. HMOs are subject to additional licensing, management, and safety requirements under the Housing Act 2004 and associated regulations.

Key Requirements

Definition of an HMO

A property is an HMO if

1. It is occupied by 3 or more persons forming 2 or more households, AND
2. They share one or more basic amenities (bathroom, toilet, or cooking facilities), OR
3. It is a converted building that does not entirely consist of self-contained flats

Mandatory Licensing

Mandatory HMO licensing applies across England to properties that

1. Are occupied by 5 or more persons forming 2 or more households (regardless of the number of storeys)
2. This was extended from 3+ storey properties to all properties in October 2018

The licence is issued by the local authority and typically lasts for 5 years. Conditions include:

1. Maximum occupancy for the property and for each letting room
2. Fire safety standards (as set out in the LACORS guidance)
3. Gas safety certificate (annual)
4. Electrical safety certificate (EICR, every 5 years)
5. Adequate amenity provision (bathrooms, WCs, kitchens)
6. Fit and proper person test for the licence holder and manager

Additional Licensing

1. Local authorities may designate areas where additional HMO licensing applies to HMOs not covered by mandatory licensing (e.g., properties with 3-4 occupants)
2. Additional licensing schemes require a specific designation by the local authority, typically lasting 5 years
3. The licence conditions are similar to mandatory licensing

Minimum Room Sizes

The Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018 set minimum room sizes

1. Single occupancy sleeping room: Minimum 6.51 m² floor area
2. Double occupancy sleeping room: Minimum 10.22 m² floor area
3. Rooms used for sleeping by children under 10: Minimum 4.64 m²
4. These are absolute minimums; local authorities may set higher standards

Amenity Standards

The local authority sets amenity standards, typically based on

1. Bathrooms: 1 bathroom per 5 occupants (minimum); some authorities require 1 per 4
2. WCs: 1 WC per 5 occupants (may be in the bathroom)
3. Kitchens: A set of cooking facilities per household or per specified number of occupants; typically includes cooker, sink, worktop, food storage, and electrical sockets
4. All shared amenities must be adequately maintained

Management Regulations

The Management of Houses in Multiple Occupation (England) Regulations 2006 require the manager to

1. Maintain the common parts, including stairways, hallways, and shared facilities
2. Maintain fire safety equipment (alarms, extinguishers, fire doors)
3. Ensure adequate waste disposal arrangements
4. Maintain water supply and drainage
5. Provide contact details for the manager to all occupants

Practical Compliance Tips

1. Check whether your property requires an HMO licence before letting; operating an unlicensable HMO can result in unlimited fines and rent repayment orders
2. Contact the local authority housing team for their specific amenity and fire safety standards; these vary between authorities
3. Obtain a fire risk assessment before letting the HMO; this is a legal requirement under the Fire Safety Order
4. Keep all safety certificates (gas, electrical, fire alarm) up to date and available for inspection
5. Ensure room sizes meet the minimum standards; rooms below the minimum cannot be used as sleeping accommodation
6. Display the HMO licence in a prominent position within the property
7. Review the management regulations and ensure all obligations are being met; local authority inspections can result in improvement notices or civil penalties