Introduction
This article explains the law surrounding HMOs and how it affects tenants.
We have two other articles on HMOs one for landlords, and one general article explaining the law in its simplest terms.
The article will be useful to all tenants. The law has effect from 1 October 2007.
What is an HMO?
It can be any of the following:
- an entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet.
- a house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities.
- a converted house which contains one or more flats which are not wholly self contained (i.e. the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form two or more households.
- a building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.
The property must be used as the tenants only or main residence. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges.
Does my landlord have to be licensed?
A licence is needed for certain types of property and may be held by your landlord or someone else who the local housing authority considers is suitable.
In general, if the property is made up of three storeys or more and occupied by five or more people (who make up two or more households) it will have to be licensed. For example, a landlord letting a three storey house to five students would need a licence for that property. Local housing authorities may bring in additional licensing for other types of multiple occupancy properties to address particular problems.
How can I find out if the property I am renting is licensed?
A register will be available for public inspection. The Housing Act 2004 requires a copy be kept at the central office at the local housing authority for inspection at reasonable times.
What should I do if my landlord is not licensed?
If you think that you are living in an HMO which should be licensed but which does not yet have a licence, you should notify your local housing authority.
Can I withhold rent if my landlord is not licensed?
No. However, in certain cases, you or the local housing authority may apply to a residential property tribunal to reclaim rent via a rent repayment order if a landlord is found to be operating a licensable HMO without a licence.
You may only apply if the landlord has been convicted for having no licence. For more information you should contact your local housing authority.
Will HMO licensing affect my tenancy at the property?
No. However, under management regulations, tenants have certain duties to keep the property in good order and not to get in the way of the landlord or manager in performing their duties. If they do not abide by their obligations tenants may face penalties from the local housing authority and you might be in breach of your contract.
Are my rights as a tenant affected by HMO licensing?
No, your rights will remain unchanged. The landlord is not allowed to evict existing tenants in order to avoid mandatory licensing or to comply with the maximum number of tenants allowed under the licence.
How does the new scheme benefit tenants?
The scheme aims to tackle poor management and lack of amenities and to identify properties in poor physical condition. As a result, tenants should see standards of accommodation improve, including:
- properly managed properties;
- no overcrowding;
- safe accommodation
- accommodation of reasonable quality
Relevant Net Lawman document templates:
All Net Lawman property documents
Landlord Packs buy in bulk and save
PR501 Assured shorthold tenancy agreement: furnished flat
PR502 Assured shorthold tenancy agreement: unfurnished flat
PR503 Assured shorthold tenancy agreement: furnished house
PR504 Assured shorthold tenancy agreement: unfurnished house
PR505 Deposit protection details
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