Does an HMO need a licence?
GOV.UK describes an HMO as a property rented out by at least 3 people who are not from one household but share facilities like the bathroom and kitchen. A large HMO must have a licence: rented to 5 or more people who form more than one household, sharing toilet, bathroom or kitchen facilities, with at least one tenant paying rent. A smaller HMO may still need one, depending on the area (GOV.UK, House in multiple occupation licence).
A licence lasts at most five years and must be renewed before it runs out. Each HMO needs its own licence.
What do HMO licence conditions ask for?
GOV.UK lists conditions that come with a licence, including:
- sending the council an updated gas safety certificate every year;
- installing and maintaining smoke alarms;
- providing safety certificates for electrical appliances when asked;
- the house being suitable for the number of occupants, and the manager, you or an agent, being “fit and proper”.
The council may add its own conditions. Keep the licence document, so the conditions are on the file.
Can the agent be liable as well as the landlord?
Yes. If an HMO that needs a licence is not licensed, an offence can be committed by any person having control of or managing it (Housing Act 2004, section 72). A “person having control” includes whoever receives the rent, on their own account or as agent (section 263). So a rent-collecting or fully managed agent is exposed in its own right. Check who does what with the agent or landlord responsibility checker.
What does Abide.Rent track for an HMO?
| Item | What Abide.Rent does |
|---|---|
| HMO or selective licence | Recorded on the property with its expiry date, and reminded like any certificate. Included in the PRS Database register pack. |
| Gas safety record | Expiry tracked, the record given to the tenants through their free portal, and the date they received it. |
| Electrical report (EICR) | Due date tracked, and given to the tenants the same way. |
| Fire risk, alarms and other checks | Recorded with their dates alongside the required certificates. |
| Repairs | Reported by tenants with photos, each with a severity and your own response target. |
| Contractors | Jobs sent by secure link; the new certificate comes back onto the property for you to approve. |
See certificates and renewals and safety records given to tenants. Read upload a certificate and record its expiry date, giving tenants the gas safety record and EICR and contractors and the jobs you send them.
Do HMO tenancies follow the same Renters’ Rights Act rules?
Assured tenancies in an HMO follow the same rules as any other. They are periodic (Housing Act 1988, section 4A), and the rent goes up only by a Section 13 notice (section 13). Student HMOs have their own ground: read student lets and Ground 4A. For rent reviews, see rent reviews you can defend.