When a shared home needs an HMO licence

Katerina Galkina · EN · 07/10/2026

Occupants and facilities determine HMO status

In England, a home will generally be a house in multiple occupation where at least three tenants form more than one household and share a kitchen, bathroom or toilet. A household can be one person or a family living together. Friends do not become one household simply by signing a joint agreement. See the GOV.UK definition ↗.

This concerns England, including London. Other UK nations have their own criteria and licensing systems. HMO status and tenancy type are separate: a licence does not replace an agreement or tenant rights.

When licensing is required

A large HMO with five or more occupants from more than one household sharing the relevant facilities requires mandatory licensing. However, “there are only four of us” does not establish that no licence is needed. Councils can introduce additional licensing for smaller HMOs. Selective licensing may also cover other rented homes in some areas.

Check the borough's rules for the exact address through the local council ↗. The number of storeys does not itself provide a universal exemption from mandatory licensing. Specific exemptions also exist, so ask the licensing team to confirm complex cases.

Checks before moving in

Ask the owner for the licence number, expiry and permitted occupancy. Find the property in the council's public register or request written confirmation. Match the full address and flat: a licence for the owner's other property is irrelevant. If an application is pending, ask the council about its status and implications rather than assuming a licence has been granted.

Check the actual number of residents, kitchen and bathroom access, bedroom size, fire doors, alarms and unobstructed escape routes. Safety and repair duties apply regardless of licensing; GOV.UK lists landlord responsibilities ↗.

If something is wrong

Retain the agreement, advert, occupancy information without unnecessary personal details, photographs of hazards and the owner's responses. Contact the council's HMO or private renting team to request checks on licensing and conditions.

Operating without a required licence can lead to enforcement and, in appropriate cases, a Rent Repayment Order. Rent is not refunded automatically: the correct ground, evidence and procedure are needed. Do not stop paying rent yourself because you suspect a licensing breach. Obtain housing advice if your home is also at risk, and check the consequences before signing a replacement agreement or agreeing to leave.