Houses in Multiple Occupation (HMOs) remain one of the most highly regulated areas of the private rental sector. Because HMOs involve shared living arrangements, they are subject to stricter licensing, safety, and management requirements than single‑let properties. Since 2018, there have been significant legal updates affecting landlord responsibilities, particularly around safety standards and licensing.
This guide outlines the current key legal requirements for HMO landlords in England and highlights what you must be doing to remain compliant.
Jump to information
Mandatory Licensing
Minimum Sleeping Accommodation Standards
Mandatory License Conditions
– Gas Safety
– Electrical Safety
– Fire and Carbon Monoxide Safety
– Other Mandatory Conditions
Decent Homes Standard and HMOs
Ending Tenancies
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Mandatory Licensing
Mandatory licensing applies to HMOs occupied by five or more persons forming more than one household, regardless of the number of storeys.
The HMO must satisfy one of the following tests:
- the standard test
- the converted building test
- the self-contained flat test
Landlords should also be aware that many local authorities operate additional or selective licensing schemes, which may apply to smaller HMOs. It is essential to check local requirements.
What Qualifies as an HMO?
A property will usually be an HMO if:
- The property consists of one or more units of living accommodation (not self-contained flats).
- It is occupied by more than one household
- The occupiers use the property as their only or main residence.
- Their occupation of the living accommodation constitutes the only use of that accommodation.
- Rent or other consideration is payable, by at least one occupier the living accommodation.
- Two or more households share basic amenities (bathroom, toilet, or kitchen), or such amenities are lacking.
The degree of sharing is not relevant and there is no requirement that all the households share those amenities.
A HMO can include:
- shared houses
- student accommodation
- bedsits
- part of a building (not necessarily the whole property)
Minimum Sleeping Accommodation Standards
All licensed HMOs must comply with minimum bedroom size requirements, which have applied since October 2018.
The minimum sleeping room sizes are:
- one person aged over 10 years – not less than 6.51 square metres;
- two persons aged over 10 years – not less than 10.22 square metres; and
- one person aged under 10 years – not less than 4.64 square metres.
The licence holder has a duty to report to the local authority any breach of license conditions.
The licence holder must also comply with any applicable waste disposal scheme nominated by the local authority.
Landlords should check with their local authority for any additional or selective licensing requirements that may apply in their area.
Mandatory License Conditions
All licensed HMOs are subject to mandatory conditions, which must be complied with at all times.
Gas Safety
HMO Landlords must:
- Obtain a valid Gas Safety Certificate every 12 months.
- Ensure gas appliances and flues are maintained in a safe condition.
- Provide a copy of the certificate to tenants and, if requested, to the local authority.
Gas safety records should be retained for at least two years. Landlords must also allow reasonable access for safety inspections.
Electrical Safety
HMO Landlords must comply with the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. This includes ensuring that:
- Electrical installations are inspected and tested at least every five years.
- A valid Electrical Installation Condition Report (EICR) is obtained.
- Copies of the EICR are provided to tenants and to the local authority on request.
If the EICR identifies remedial works, these must be completed within the specified timescale. Local authorities have the power to impose financial penalties for non‑compliance.
Fire and Carbon Monoxide Safety
HMO Landlords must ensure that:
- Smoke alarms are installed on every storey of the property used as living accommodation and are in working order at the start of each tenancy.
- Carbon monoxide alarms are installed in any room used as living accommodation containing a fixed combustion appliance (excluding gas cookers), in line with the 2022 regulations.
In HMOs, additional fire safety measures may be required, such as fire‑resistant doors, protected escape routes, emergency lighting, and fire risk assessments, depending on the size and layout of the property.
Other Mandatory Conditions
- When required by the local authority, landlords must provide a declaration confirming compliance with safety obligations.
- Each occupier must be provided with a written statement of the terms of their occupation.
- The licence holder must comply with any waste disposal scheme specified by the local authority.
- Any breach of licence conditions must be reported to the local authority.
Decent Homes Standard and HMOs
The government has confirmed its intention to extend the Decent Homes Standard to the private rented sector, including HMOs. Although not yet fully in force, this represents a significant future development for landlords.
The Decent Homes Standard is expected to focus on:
- property condition and freedom from serious hazards
- adequate thermal comfort and energy efficiency
- modern and functional facilities
Many older HMOs may require substantial upgrades to meet these standards. Landlords should begin planning ahead, particularly where properties suffer from disrepair, poor insulation, or outdated shared facilities.
Ending Tenancies
The recent introduction of the Renters’ Rights Act will impact landlords of HMOs with regard to ending tenancies.
If your tenants have a jointly and severally liable tenancy, rather than individuals on a room-by-room basis, one tenant’s notice will end the tenancy for all tenants under that tenancy, regardless of whether the other tenants want it to end. The affected tenants wanting to continue at the property will need to agree a new tenancy to facilitate this.
Where tenants stay at the property past the end of their notice period, without agreeing a replacement tenancy, the landlord can apply for possession on grounds that the tenancy has ended.
The Renters’ Rights Act has also changed the minimum notice period required to be given by tenants wanting to end their tenancy from one month to two months’ notice, unless a shorter notice period has been agreed with their landlord.
Need Advice?
HMO regulation continues to evolve, with increasing emphasis on tenant safety and property standards. Non-compliance can result in:
- civil penalties of up to £30,000 per offence
- licence refusal or revocation
- rent repayment orders
- criminal prosecution in serious cases
If you own or manage an HMO and are unsure whether you meet current legal requirements, it is important to seek professional advice.
Contact Cartridges Law today for expert guidance on HMO licensing, compliance, and landlord obligations.