In England, a property requires a mandatory HMO (House in Multiple Occupation) licence if 5 or more people from 2 or more separate households live there as their main home. Some councils also require licences for smaller HMOs under additional licensing schemes. This tool checks whether your property meets the mandatory threshold. For additional licensing, you will need to check with your local authority directly.
A household is a family unit or a single person. Two unrelated flatmates count as two separate households.
How to use this tool
- Enter the number of people living in the property.
- Enter how many separate households they form.
- Confirm whether the property is their main residence.
Understanding your results
The mandatory threshold is set by the Housing Act 2004. If your property meets it, you need a licence from your local council before letting. Operating without a licence is a criminal offence. If your property is below the mandatory threshold, it may still require a licence under your council’s additional licensing scheme — this tool cannot check that for you.
HMO licensing: what the law says
Mandatory HMO licensing in England is governed by the Housing Act 2004, as amended by the Licensing of Houses in Multiple Occupation (Mandatory Conditions) (England) Regulations 2018. A property requires a mandatory licence if it is occupied by 5 or more persons forming 2 or more separate households, and the property is their only or main residence. The licence must be obtained from the local housing authority and is typically granted for 5 years, subject to conditions including room size standards, fire safety requirements, and management standards. Operating an unlicensed HMO can result in an unlimited fine and a Rent Repayment Order. This tool covers England only. Scotland and Wales have separate HMO licensing frameworks.
Related tools
Legal context
Houses in Multiple Occupation with 5 or more occupiers from 2 or more households require a mandatory HMO licence from the local authority under the Housing Act 2004. Many councils have extended licensing schemes covering smaller HMOs. Licences specify conditions including minimum room sizes (6.51 sq m for one adult, 4.64 sq m for a child), fire safety requirements, and maximum occupancy. Operating an unlicensed HMO is a criminal offence carrying an unlimited fine.
Frequently asked questions
What is a House in Multiple Occupation?
A House in Multiple Occupation (HMO) is defined under Section 254 of the Housing Act 2004 as a property occupied by 5 or more people forming 2 or more separate households who share one or more basic amenity such as a bathroom, toilet, or kitchen. Smaller shared houses occupied by 3 or 4 people forming 2 or more households may also qualify as HMOs under the broader definition but do not trigger mandatory licensing unless the council has introduced additional licensing.
When does mandatory HMO licensing apply?
Mandatory licensing under Section 61 of the Housing Act 2004 applies to HMOs in England occupied by 5 or more people from 2 or more households, regardless of the number of storeys. The licence is required before the property is let. Operating a licensable HMO without a licence is a criminal offence.
What is a household for HMO definition purposes?
A household is a person living alone, or two or more people living together as a couple or as a family including cohabiting couples and related family members. A group of unrelated friends each counts as a separate household. Two siblings sharing a flat are one household; two unrelated people sharing are two separate households.
Can a council extend HMO licensing beyond the mandatory threshold?
Local authorities can introduce discretionary additional licensing under Section 56 of the Housing Act 2004, extending requirements to smaller HMOs such as 3 or 4-person shared houses. They can also introduce selective licensing applying to all private rented properties in a designated area. Check your local authority website to confirm requirements in your area.
What are the minimum room size requirements in a licensed HMO?
Under the Licensing of Houses in Multiple Occupation (Mandatory Conditions of Licences) (England) Regulations 2018, sleeping rooms for one person aged 10 or over must have a floor area of at least 6.51 square metres. Rooms for two people must have at least 10.22 square metres. Rooms below 4.64 square metres cannot be used as sleeping accommodation.
What fire safety measures are required in a licensed HMO?
Licence conditions typically require interlinked mains-wired smoke alarms on all floors, heat detectors in kitchens, carbon monoxide alarms near gas appliances, fire doors on rooms that open onto escape routes in taller HMOs, and a current fire risk assessment. The specific requirements vary by property size and are set out in the licence conditions by the local authority.
Does converting a property to an HMO require planning permission?
Converting a dwelling to a small HMO of up to 6 people (C4 use class) is permitted development in most of England, meaning no planning permission is required. However, many local authorities have introduced Article 4 directions in specific areas that remove this permitted development right. Larger HMOs for 7 or more people (Sui Generis class) always require planning permission.
How long does an HMO licence last and what does it cost?
An HMO licence lasts up to 5 years from the date of issue, subject to conditions being met throughout. Licence fees vary by local authority, typically £500 to £1,500 for the initial application, with some authorities charging per room. Licences are not transferable: a new licence is required if the property is sold or the licence holder changes.
What penalties apply for operating an unlicensed HMO?
Operating a licensable HMO without a licence is a criminal offence under Section 72 of the Housing Act 2004, carrying an unlimited fine on conviction. Local authorities can also impose a civil penalty of up to £30,000 as an alternative to prosecution. Tenants can apply for a Rent Repayment Order under the Housing and Planning Act 2016 covering up to 12 months rent paid while the property was unlicensed.
Who is responsible for ensuring an HMO is not overcrowded?
Under Section 258 of the Housing Act 2004, it is the licence holder — the landlord or manager — who is responsible for ensuring the property is not occupied beyond the licence conditions. A landlord cannot contract out of this responsibility by placing the obligation on tenants. Where overcrowding occurs because a tenant has unauthorised occupants, the landlord must address it through the tenancy agreement.