RHMORegister

Unlicensed HMO? Your rights and your claim

You checked. The address isn't on the register. Here's what that actually means and what to do next \u2014 in order, because a couple of steps are time-sensitive.

What an unlicensed HMO means legally

If 5+ people from 2+ households share facilities, a licence is mandatory nationwide. No licence = the landlord is committing a criminal offence every day they manage the property (Housing Act 2004 s.72(1)). If your council runs an additional or selective scheme, even a 3-person flat can require a licence.

Two immediate consequences worth knowing:

  1. Rent repayment \u2014 up to two years' rent back through the First-tier Tribunal (see how much).
  2. A section 21 eviction notice served while the licence is absent is invalid in most cases \u2014 the protection the landlord loses is the easy eviction route.

Do this first (in order)

  1. Screenshot the register result \u2014 date and URL visible. This is your core evidence; registers change.
  2. Report to the council. Every council has a housing enforcement team (directory contacts). Reporting is free, triggers enforcement (civil penalties up to \u00a330,000, prosecution, rent repayment orders run by the council), and creates an official record. It does not file your claim for you.
  3. Keep paying rent as normal. Withholding rent hands the landlord a counterclaim and muddies a clean case.
  4. Gather quietly: tenancy agreement, bank statements showing rent, UC letters, photos, the household list with move-in dates.
  5. Do not tip the landlord before the notice step. The formal route is a notice of intended proceedings \u2014 the process, step by step.

Common traps

  • Suing the wrong entity. Rent-to-rent: the company you pay may not be who you contracted with. Check Companies House and your agreement.
  • Missing the window. 2 years from the offence (new regime). Older, 12 months.
  • Going in without the bundle. The tribunal can refuse to look at unbundle evidence.
  • Paying 30% to an agency for work a flat-fee pack does better.

*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.

See the RRO claim toolkit

Reviewed by Sean McNamara against legislation.gov.uk, GOV.UK tribunal guidance and council registers. Last verified: 2026-09-04.