What Qualifies as an HMO?
A property is an HMO if it's occupied by three or more people who form more than one household (i.e. not all members of the same family) and who share a toilet, bathroom, or kitchen. The definition captures the vast majority of shared student houses and professional flat shares.
A 'large HMO' — one with five or more occupants forming more than one household — requires a mandatory HMO licence from the local council, regardless of the number of storeys. Smaller HMOs (three or four occupants) may require a licence depending on the local council's additional licensing scheme. Check your local council's website to find out which category applies.
Licensing Requirements and How to Check
HMO licences are issued by the local council and are valid for up to five years. They set conditions on the property — maximum occupancy, fire safety standards, facilities requirements, and management duties. As a tenant, you're entitled to ask the landlord for a copy of the licence.
You can also check the council's public register of licensed HMOs (most publish one online) or ask the council's private rented sector team directly. If the property should be licensed but isn't, this is a serious red flag — and gives you a route to reclaim rent if it continues.
- ▸Mandatory licensing: Applies to all HMOs with 5+ occupants in England — licence must be displayed or available on request
- ▸Additional licensing: Many councils extend licensing to smaller HMOs — check your council's website
- ▸Selective licensing: Some councils require all private rentals in a designated area to be licensed — not just HMOs
- ▸How to check: Search the council's HMO licence register, or email the housing team with the address
Minimum Room Sizes and Fire Safety
Since October 2018, national minimum room sizes apply to licensed HMOs in England. A room used by one adult as sleeping accommodation must be at least 6.51m². A room shared by two adults must be at least 10.22m². Rooms below these thresholds cannot be legally used as bedrooms in a licensed HMO.
Fire safety requirements for HMOs are more extensive than for single lets: interlinked mains-wired smoke alarms on every floor, heat detectors in kitchens, a fire door on every room (including the kitchen), and an emergency lighting system in larger properties. Ask to see the latest fire risk assessment and check that fire doors self-close properly.
| Occupants | Minimum room size (England) |
|---|---|
| 1 adult | 6.51 m² |
| 2 adults | 10.22 m² |
| 1 child under 10 | 4.64 m² |
Shared Facilities: What Landlords Must Provide
The HMO licence conditions set minimum standards for shared facilities based on the number of occupants. For most HMOs, this means one bathroom and one toilet per five occupants, and a kitchen of adequate size with sufficient appliances (hob rings, oven, fridge-freezer). These are minimums — many well-managed HMOs exceed them.
Landlords are also responsible for the communal areas: cleaning and maintaining hallways, kitchens, bathrooms, and gardens (or clearly allocating this to tenants in the tenancy agreement). Shared spaces in a state of disrepair, persistent mould, or inadequate facilities can be reported to the council's environmental health team.
Bills-Included vs Bills-Excluded: How to Budget
Many HMO rooms are advertised as 'bills included' — covering gas, electricity, water, and broadband. This simplifies budgeting and is increasingly common in professional house shares. However, you need to understand exactly what's included and what happens if usage exceeds the landlord's cap.
Bills-excluded rooms require you to set up or join utility accounts. In a shared house, this usually means one tenant puts a bill in their name and the others pay their share. Be clear about how bills are split — by room, by usage, or equally — before you move in, and make sure it's written down.
Warning Signs of an Unlicensed or Poorly Managed HMO
Identifying a problematic HMO before you move in is far easier than dealing with one you're already in. The following warning signs should prompt further questions — or cause you to walk away.
- ▸No licence shown or provided: Ask for the HMO licence number. If the landlord is evasive or claims one isn't required, check with the council
- ▸Rooms below minimum size: Measure the room if you're unsure — a tape measure costs nothing and this is a legal requirement
- ▸Missing fire doors or broken closers: Fire doors should be self-closing and have a minimum 30-minute fire rating
- ▸Mould and damp in communal areas: Indicates poor ventilation, maintenance failures, or overcrowding
- ▸More people than rooms suggest: Overcrowded HMOs cut corners across the board — trust your instincts during the viewing
- ▸No gas safety certificate: Landlords must carry out annual gas safety checks — ask for the current certificate
Key Takeaways
- ✓Properties with 5+ occupants forming more than one household require a mandatory HMO licence — ask to see it
- ✓Room sizes are legally regulated: minimum 6.51m² for one adult, 10.22m² for two
- ✓Fire safety requirements are more extensive in HMOs — check for self-closing fire doors and mains-wired smoke alarms
- ✓If the HMO is unlicensed, you may be able to claim up to 12 months' rent back through a Rent Repayment Order
- ✓Bills-included arrangements are convenient but check what happens when usage exceeds the landlord's threshold
- ✓Viewing problems (missing fire doors, mould, overcrowding) are red flags before you sign — don't ignore them