Is my house an HMO? The test, in plain English
The mandatory test
An HMO requiring a mandatory licence is a property occupied by 5 or more people forming 2 or more households who share kitchen, bathroom or toilet facilities (Housing Act 2004 s.254-259). A "household" means family — couples and children count as one household; five unrelated friends are five.
Three licensing layers
- Mandatory — the national rule above, everywhere in England.
- Additional (s.56) — councils can extend licensing to smaller HMOs (commonly 3+ people) across a borough or in parts. Many university cities run borough-wide additional schemes.
- Selective (s.80) — councils can require a licence for all private rented homes in designated areas, family homes included.
Layer 2 and 3 are where tenants get caught out: a two-person flat can be licensable. Check your council’s schemes on its directory page — and see selective licensing.
Section 257: converted blocks of flats
A building converted into self-contained flats counts as an HMO if fewer than two-thirds of the flats are owner-occupied and at least a third are rented. The rule bites on poorly converted ex-houses; the landlord liable is the person managing the building.
Why it matters
An unlicensed HMO is a criminal offence (s.72(1) / s.95(1)) — which is what opens the rent repayment order route: up to two years' rent back.
*Reviewed by Sean McNamara. Last verified 2026-09-04.*
Ready to claim? The Casewright RRO Pack helps you calculate the rent to reclaim (including Universal Credit and utility deductions), complete Form RRO1, and compile a bookmarked, searchable First-tier Tribunal applicant bundle. It is not a law firm and does not give legal advice. Flat £149 — no percentage of your award.
Reviewed by Sean McNamara against legislation.gov.uk, GOV.UK tribunal guidance and council registers. Last verified: 2026-09-04.