HMO licensing: mandatory, additional, selective
When you need an HMO licence, how to apply, what it costs, and the critical rules most landlords don't realise apply to them.
A House in Multiple Occupation (HMO) is a property rented to 3 or more unrelated people who share facilities. Most HMOs need a licence from the local council. The rules are complicated, vary between councils, and carry serious fines if ignored, up to £30,000 per property, or unlimited for the worst cases.
Here's what every HMO landlord needs to know about the three types of licensing (mandatory, additional, selective), how to apply in your local area, and what the licensing conditions actually require.
Some buy-to-let mortgages, including HMO buy-to-let mortgages, are not regulated by the Financial Conduct Authority.
Which applies to you
Mandatory HMO licence
Required nationally for HMOs with 5 or more unrelated occupants forming 2 or more separate households. Applies regardless of location. No exceptions. Lasts up to 5 years. Fees typically £700-£1,500.
Additional HMO licensing
Introduced by individual councils to cover smaller HMOs (3-4 occupants, 2+ households). Scope varies by local authority. Check your council's scheme, Havering, Waltham Forest, Newham, and Redbridge all operate additional schemes.
Selective licensing
Introduced by councils in areas of concern (deprivation, ASB, crime). Covers ALL privately rented properties in designated zones, not just HMOs. A standard single-family rental in a selective licensing area still needs a licence.
Article 4 directions
Separate from licensing. Requires planning permission to convert a standard house (C3) to HMO use (C4). Increasingly common in Essex, London, and university towns. Always check before buying to convert.
What licensing conditions typically require
The exact requirements vary by council, but most HMO licences include:
- Fire safety: Fire doors on bedrooms and kitchen, interlinked mains-powered smoke alarms throughout, fire blanket in kitchen, appropriate emergency lighting in some cases.
- Room sizes: Minimum bedroom floor areas (usually 6.51 sq m for single, 10.22 sq m for double). Rooms under 4.64 sq m cannot be used as sleeping accommodation.
- Kitchen and bathroom ratios: Typically 1 kitchen per 5 occupants, 1 bathroom per 5 occupants (council rules vary).
- Fit and proper person test: Licence holder must have no serious criminal convictions, unpaid debts, or history of housing law breaches.
- Gas, electrical, legionella certificates: Annual gas safety, 5-year EICR, legionella risk assessment, PAT testing of appliances.
- Management standards: 24-hour contact, written tenancy agreements, inventory, prescribed information about deposit schemes.
Non-compliance can result in fines up to £30,000 per offence (administrative penalty) or unlimited fines and 3-7 years imprisonment for worst cases. Rent Repayment Orders allow tenants to reclaim up to 12 months' rent from unlicensed landlords.
Frequently asked questions
Do I need planning permission as well as licensing?
Potentially yes. Converting a house to HMO use (3-6 occupants) may require planning permission under Article 4 directions. HMOs with 7+ occupants (sui generis) usually always require planning. Check your council's Article 4 zone map before buying.
How much does HMO licensing cost?
Varies by council, typically £700-£2,000 for a 5-year licence depending on property size and council. Havering charges around £1,100 for mandatory HMOs.
Can I get an HMO mortgage without a licence?
Most HMO lenders require proof of licence (or licence application) as a condition of mortgage offer. A few lenders are relaxed about this but rates are higher. We recommend applying for licence alongside the mortgage.
What happens if I let an unlicensed HMO?
Council can issue: Civil Penalty Notice (£30,000 max), criminal prosecution, Rent Repayment Order to tenants (up to 12 months rent back), and Banning Order preventing future letting. Councils actively check; cross-reference against council tax records and utility bills.
Can I manage HMOs myself?
Yes, if you pass the council's "fit and proper person" test. Self-managing an HMO is demanding, tenant turnover, rent collection, council compliance, property maintenance, disputes. Most HMO landlords use specialist HMO letting agents (15-20% of rent).
Are student lets always HMOs?
Usually yes. A standard 3-bed student house with 3 or more unrelated students is almost always an HMO. Whether it needs a licence depends on the council and number of occupants.
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