As a landlord in the UK, ensuring that your rental property complies with the necessary legal requirements is essential to protecting both your investment and your tenants.
If you’re considering renting out your property to three tenants who are not part of the same family, you might be wondering whether your property qualifies as a House in Multiple Occupation (HMO) and if an HMO licence is required. The answer can vary depending on factors like the local council’s rules and the specific arrangement of your tenants.
In this article, I’ll walk you through the key factors that determine whether you need an HMO licence for three tenants, the application process, and the ongoing responsibilities that come with managing an HMO property.
What is HMO Licencing in the UK?
A House in Multiple Occupation (HMO) is defined by UK law as a property that is rented out by at least three people who form two or more households and share common areas such as kitchens, bathrooms, or living spaces.
HMO properties are generally subject to stricter regulations than single-family homes to ensure that they are safe, habitable, and meet the welfare standards required for tenants who live in shared spaces.
HMO licencing was introduced to maintain a certain standard of safety and quality in shared homes, and it typically applies to larger properties. However, smaller properties with fewer tenants, such as those with three tenants, may still require an HMO licence depending on local regulations.
Even if your property doesn’t meet the national mandatory licencing criteria, additional licencing may apply if the local council has specific rules in place.
For larger properties that house five or more tenants forming two or more households, a mandatory HMO licence is required across the UK. But for properties with three tenants, whether or not you need a licence depends on the local council’s rules and the nature of the tenants’ relationships.
HMO Licence Requirements for 3 Tenants
If you’re renting out a property to three tenants who aren’t from the same household, you’re likely to fall under the category of a small HMO. But does this automatically mean you need a licence?
The answer depends on a few key factors:
- Location: Different local councils may have introduced additional licencing schemes to regulate smaller HMOs. In areas where such schemes exist, you may be required to apply for a licence even if you only have three tenants.
- Tenant Relationships: The relationship between the tenants plays a significant role. If the tenants are related or form a single household (e.g., a family), HMO licencing rules typically won’t apply. However, if the tenants are unrelated, you may need to apply for a licence even for a small HMO.
- Property Type and Condition: The size of the property, the facilities available, and its general condition may also be factors in determining whether licencing is required. Local councils often assess whether the property meets minimum standards for safety and habitability.
For instance, in areas where additional licencing is in place, smaller properties with three or more unrelated tenants living together under one roof may still require an HMO licence, even though they fall below the mandatory national requirement of five tenants.
The Role of Local Councils in HMO Licencing
Local councils are responsible for enforcing HMO licencing rules in their areas, and they have the authority to introduce additional licencing schemes to regulate properties that don’t fall under the mandatory national licencing criteria.
This means that in some areas, even properties with just three tenants can require an HMO licence, depending on the local council’s policies.
To determine whether your property requires an HMO licence, it’s essential to check with your local council. Many councils provide online resources where landlords can find specific information about HMO licencing requirements in their area.
Some councils have implemented additional licencing schemes, which are typically used to address housing quality in areas where there are high concentrations of shared housing or student rentals.
If you’re unsure, contacting your local council’s housing department is the best way to confirm whether a licence is required for your property.
What Happens If You Don’t Get a HMO Licence?
Failing to obtain an HMO licence when one is required can result in significant legal and financial consequences for landlords. Operating an unlicensed HMO is considered a serious offence and can lead to heavy penalties.
Here are some of the potential consequences:
- Fines: Local councils can impose fines of up to £30,000 on landlords who operate unlicensed HMOs. In severe cases, criminal prosecution could result in unlimited fines or even a prison sentence.
- Rent Repayment Orders: Tenants living in an unlicensed HMO have the right to apply for a rent repayment order. If successful, this could force you to return up to 12 months of rent to the tenants.
- Banning Orders: For more serious violations, landlords may face a banning order, preventing them from managing or letting out properties in the future.
- Scrutiny of Safety Standards: Unlicensed HMOs are often subject to increased scrutiny by local authorities. If your property does not meet safety standards, you may be required to make costly repairs to bring it up to code.
To avoid these risks, it’s critical to ensure that your property is licenced if it meets the criteria for an HMO under local regulations.
How to Apply for an HMO Licence?
If it turns out that your property requires an HMO licence, applying for one is a relatively straightforward process. The specific steps may vary slightly depending on the local council, but here is a general guide to help you navigate the process:
- Confirm Licencing Requirements: Contact your local council or visit their website to confirm whether your property requires an HMO licence. Some councils may offer an online licencing checker tool.
- Prepare Your Documentation: You’ll need to provide certain documents as part of your application. These may include proof of ownership, gas and electrical safety certificates, fire safety certificates, and tenancy agreements. Councils may also require details about the property layout and room sizes.
- Submit the Application: Complete the HMO licence application form, either online or by post. The form will ask for information about the property, the tenants, and your compliance with safety regulations.
- Pay the Licencing Fee: Fees for HMO licencing vary by council but typically range between £500 and £1,000. The fee covers the cost of processing the application and may also include an inspection.
- Inspection: In many cases, the council will inspect the property to ensure it meets the necessary health and safety standards before issuing the licence.
Once your application is approved, you’ll receive the HMO licence, which will typically be valid for five years, after which it will need to be renewed.
Common Exemptions to HMO Licencing
Not all properties with three tenants will require an HMO licence. There are certain exemptions under the law that may apply to your situation.
Common exemptions include
- Single Households: If the tenants are part of the same household, such as a family or a couple, the property is not considered an HMO, and licencing is not required.
- Live-in Landlords: If you, as the landlord, live in the property and only rent out to two other tenants, the property is exempt from HMO licencing.
- Certain Housing Providers: Buildings managed by housing associations, councils, or other specific housing providers may also be exempt from HMO licencing.
Always check with your local council to confirm whether your property qualifies for an exemption.
Maintaining Compliance After Getting an HMO Licence
Once you’ve been granted an HMO licence, your responsibilities don’t end there. HMO properties must be regularly maintained to ensure they meet the health and safety standards set by the council. Licenced HMOs are often subject to inspections to confirm ongoing compliance.
Key areas to focus on include:
- Fire Safety: Ensure that smoke alarms, fire extinguishers, and fire escape routes are properly installed and maintained. Fire safety is a critical requirement for all HMO properties.
- Adequate Facilities: The property must provide sufficient kitchen and bathroom facilities for the number of tenants. Councils often specify minimum standards for the number of bathrooms and kitchen space required for shared homes.
- Room Size Requirements: Local councils set minimum room sizes for HMO properties. Each bedroom must meet these requirements to be considered fit for occupancy.
- Health and Safety Hazards: The property must be free from hazards that could harm tenants, such as damp, mould, or unsafe electrical systems.
Maintaining compliance is essential, as failure to do so could result in penalties or the revocation of your HMO licence.
Conclusion: Do I Need an HMO Licence for 3 Tenants?
In summary, whether you need an HMO licence for a property with three tenants depends primarily on your local council’s regulations. While smaller HMOs with three tenants may not fall under the mandatory licencing scheme, local councils have the authority to introduce additional licencing rules, so it’s important to verify your specific situation.
To avoid fines, rent repayment orders, or other legal consequences, be sure to check with your council and ensure your property complies with the necessary safety and welfare standards.
FAQs About HMO Licencing for 3 Tenants
Does my property always need a licence for 3 tenants?
Not necessarily. While three unrelated tenants meet the definition of an HMO, whether you need a licence depends on your local council’s regulations. In some areas, small HMOs do not require licencing unless additional schemes are in place.
Can I convert a family home to an HMO for 3 tenants?
Yes, but you may need to apply for an HMO licence if the tenants are unrelated. The property will also need to meet specific safety and habitability standards to be eligible for HMO status.
How long does it take to get an HMO licence?
The application process can take several weeks, particularly if the council needs to conduct an inspection. Be sure to apply well in advance of when you plan to rent out the property.
How much does an HMO licence cost?
The cost of an HMO licence varies by council, with fees generally ranging from £500 to £1,000. The fee usually covers the application processing, inspections, and administration.
Can my HMO licence be revoked?
Yes, an HMO licence can be revoked if the property fails to meet safety standards or if the landlord violates the conditions of the licence. Councils can also revoke a licence if they find evidence of illegal activity or tenant neglect.
Are there limits on the number of tenants I can house?
Yes, HMO licences often specify the maximum number of tenants allowed based on the size and facilities of the property. If you exceed the tenant limit, you may be in violation of the licence terms.
What happens if a tenant moves out—do I still need the licence?
If your tenant count drops below the HMO threshold, you may no longer require a licence. However, this can vary by council, and it’s best to confirm with them before making any changes.
Do I need a HMO licence for 2 tenants?
No, a property rented to only two tenants does not qualify as a House in Multiple Occupation (HMO) and therefore does not require an HMO licence. Licencing rules generally apply when there are three or more tenants forming two or more households. However, the property must still comply with general rental regulations and safety standards.
Do I need a HMO licence for 4 tenants?
It depends on your local council’s rules. Nationally, properties with fewer than five tenants do not require a mandatory HMO licence. However, many local councils have additional licencing schemes in place for properties with three or more tenants. It’s important to check with your local authority to see if a licence is required for your 4-tenant property.