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HMO licence checker

A property in England needs a mandatory HMO licence when five or more people in two or more households share a kitchen, bathroom or toilet. Smaller HMOs, and even single-household lets, can still need one where the council runs an additional or selective scheme. Answer three questions to see which applies.

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LetCompliance is online software that runs your whole let: finding and referencing the tenant, the agreement, the rent, repairs and the tax. From £7.99 a month for one property or £14.99 for up to three, it reminds you 90, 30 and 7 days before expiry. Get started

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Who lives there

Shared facilities

Mandatory HMO licence required

This is a mandatory licensable HMO: 5 or more people in 2 or more households sharing amenities. You must hold a licence from the local authority before letting. Operating an unlicensed mandatory HMO is a criminal offence, can trigger a Rent Repayment Order of up to two years’ rent.

Licensable mandatory HMOs must also meet room-size standards (minimum 6.51 m² for one adult), have an adequate number of kitchens/bathrooms, and supply gas/electrical safety certificates to the council.

How the test resolved

Occupants
5
Households
3
Shares amenities
Yes
Is an HMO
Yes
Mandatory licence
Required

Inside LetCompliance

Tag a property as an HMO and LetCompliance runs it room by room, each room with its own rent, tenant and arrears, and keeps the licence expiry and the gas and electrical certificates the council asks for, with reminders before the licence lapses.

  • Mandatory HMO licensing (England): 5+ occupants, 2+ households, shared amenities. The 3-storey condition was removed on 1 October 2018, so it applies regardless of how many floors the property has.
  • Additional and selective licensing are local designations that vary by council and change over time. Only the local authority for the property’s postcode can confirm whether a scheme is in force.
  • A “household” is one person or members of the same family. Unrelated professional sharers and most student groups each count as separate households.
  • Wales (Rent Smart Wales), Scotland and Northern Ireland operate different HMO licensing regimes. This tool reflects the England rules under the Housing Act 2004.
  • This is a guide, not a legal determination. Confirm with the local authority before letting.

Next: From £7.99 a month: a licence flag from the postcode, reminders 90, 30 and 7 days before expiry, and rent and arrears per room.

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LetCompliance is online software that runs your whole let: finding and referencing the tenant, the agreement, the rent, repairs and the tax. From £7.99 a month for one property or £14.99 for up to three, it reminds you 90, 30 and 7 days before expiry. Get started

Recognised by HMRC for Making Tax Digital

Making Tax Digital means HMRC’s new quarterly tax updates for landlords.

Background

When a property needs an HMO licence: mandatory, additional and selective licensing explained

A House in Multiple Occupation (HMO) is, in plain terms, a property where three or more tenants who are not all one family live together and share a kitchen, bathroom or toilet. That definition comes from the Housing Act 2004. The licensing question sits on top of it: being an HMO does not automatically mean you need a licence, and not being an HMO does not automatically mean you are free of licensing. There are three separate regimes (mandatory, additional and selective) and this checker tells you which one your property is most likely to fall into.

Mandatory HMO licensing is the national rule and the one with no discretion. Any HMO occupied by five or more people forming two or more separate households, sharing amenities, must be licensed by the local authority: anywhere in England. Until 1 October 2018 there was also a "three or more storeys" condition; that was removed, so a five-person shared house on a single floor now needs a licence just as a three-storey one does. If your inputs hit five occupants, two-plus households and shared facilities, the answer is unambiguous: you need a mandatory licence before you let.

Additional licensing is where it gets local. A council can designate part or all of its area so that smaller HMOs, typically three or four occupants in two or more households, also require a licence. These schemes are common in university cities and areas with dense shared housing, but they are decided council by council and run for fixed periods (usually five years) before renewal. A three-person house-share that needs no licence in one borough may need one across the boundary. The only authoritative source is the local authority for the specific postcode, which is why this tool flags "check your council" rather than guessing.

Selective licensing is broader still and not about HMOs at all. It lets a council require a licence for every privately rented property in a designated area, including an ordinary single-family let. Councils use it to tackle low housing demand, anti-social behaviour or poor property conditions. So a landlord with a standard one-household tenancy can still need a licence if the property sits inside a selective licensing zone. If your inputs show a single household, the checker reminds you to confirm there is no selective scheme covering the address.

The stakes for getting this wrong are high and have grown. Operating a licensable HMO without a licence is a criminal offence with an unlimited fine, and instead of prosecuting the council can impose a civil penalty of up to £40,000 for offences from 1 May 2026, up from £30,000. The tenant or the council can also apply for a Rent Repayment Order, now up to two years’ rent for the period the offence continued from that date.

Licensing also brings conditions, not just a certificate. A mandatory HMO licence carries minimum room sizes (6.51 m² for one adult, 10.22 m² for two), limits on occupancy, requirements for adequate kitchen and bathroom provision, mandatory gas safety certificates supplied annually to the council, and electrical safety declarations. Planning rules can bite too: converting a family home (use class C3) to a small HMO (C4) is permitted development in most areas, but an Article 4 Direction can remove that right and require full planning permission. Treat the licence as the start of an ongoing compliance obligation, not a one-off form.

Step by step

How to check whether your property needs an HMO licence

Determine whether mandatory, additional or selective licensing applies by counting occupants and households and checking shared facilities.

  1. 1

    Count the total occupants

    Include every person living in the property, children included.

  2. 2

    Count the separate households

    One person or one family is a single household. Unrelated sharers and most student groups each count as a separate household.

  3. 3

    Confirm shared facilities

    An HMO requires tenants to share a kitchen, bathroom or toilet. Fully self-contained units are usually not an HMO.

  4. 4

    Read the licensing outcome

    5+ occupants in 2+ households sharing amenities means a mandatory licence. Smaller HMOs may need additional licensing; single households may be caught by selective licensing.

  5. 5

    Confirm with the local authority

    Additional and selective schemes are local and time-limited: check the council’s licensing page for the property’s postcode before letting.

Questions

Frequently asked questions

How many tenants make a property an HMO?

Three or more tenants forming more than one household (so not all one family) who share a kitchen, bathroom or toilet make a property an HMO under the Housing Act 2004. Whether that HMO needs a licence is a separate question that depends on size and local council schemes.

When is an HMO licence mandatory?

A mandatory HMO licence is required for any HMO with five or more occupants in two or more households sharing amenities, anywhere in England. Since 1 October 2018 this applies regardless of the number of storeys. The old three-storey condition was removed.

What counts as a household for HMO purposes?

A household is one person living alone or members of the same family living together: couples (including unmarried and same-sex), parents, children, grandparents and certain other relatives. Unrelated professional sharers and most groups of students each count as a separate household, which is what tips a shared house into HMO territory.

Do I need an HMO licence for 2 tenants?

No. A building occupied only by two people who form two households is not an HMO (Housing Act 2004, Schedule 14, paragraph 7), and a couple is one household. A council’s selective licensing scheme can still cover an ordinary let in its area, so check the council for the postcode.

Do I need an HMO licence for 3 tenants?

Only if the council runs an additional licensing scheme where the property is. Three tenants from two or more households who share a kitchen, bathroom or toilet make the house an HMO, but the national mandatory licence starts at five people. Additional licensing lets a council require a licence for smaller HMOs in all or part of its area, so a three-person share can need one in one borough and not in the next. Three friends are three households; a couple and a friend are two.

Do I need an HMO licence for 4 tenants?

The answer is the same as for three. Four tenants from two or more households sharing facilities make an HMO, one person short of the mandatory licence, and it needs a licence only where the council runs additional licensing. Check the council’s licensing page for the postcode before you let, and check planning as well, because an Article 4 Direction can mean a small HMO needs planning permission.

Do I need an HMO licence for 5 tenants?

Yes, in England, if the five form two or more households and share a kitchen, bathroom or toilet: that is the mandatory licence, whatever the number of storeys (Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018). The exception is a purpose-built flat in a block of three or more flats, which is outside mandatory licensing but can still be caught by an additional licensing scheme. Apply before the fifth person moves in.

Do lodgers count towards an HMO?

Not while you own the home, live in it and take no more than two lodgers. A building occupied only by its owner, members of the owner’s household and up to two other people is not an HMO (Housing Act 2004, Schedule 14, paragraph 6; the number two is set for England by regulation 6(2) of the 2006 HMO licensing regulations). A third lodger usually makes it one. The exception is for an owner, meaning the freeholder or a leaseholder on a lease of more than 21 years, so a tenant who takes in lodgers is not covered by it.

Is a student house an HMO?

Usually, yes. Students living in a house for their course are treated as living there as their only or main residence (Housing Act 2004, section 259), so three or more students from more than one household sharing a kitchen or bathroom make it an HMO, and five or more need a mandatory licence. In England, halls and other buildings managed by a university or college, or by a manager specified in regulations, are taken out of the definition (Schedule 14, paragraph 3A). A house let to students by a private landlord is normally not covered by that exception.

What is the penalty for an unlicensed HMO?

Operating an HMO that needs a licence without one is a criminal offence with an unlimited fine. The council can instead impose a civil penalty of up to £40,000 for offences from 1 May 2026 (previously £30,000). The tenant or the council can also apply for a Rent Repayment Order, now up to two years’ rent for the period the offence continued from that date. Apply for the licence before you let.

Do I need a licence for a property that is not an HMO?

Possibly. Selective licensing lets a council require a licence for all privately rented homes in a designated area, including single-family lets. Even a standard one-household tenancy needs a licence if it falls inside a selective licensing designation, so always check the council for the postcode.

Does an HMO licence affect planning permission?

It can. Converting a family dwelling (use class C3) to a small HMO of up to six people (C4) is permitted development in most areas, but where an Article 4 Direction is in force the council can require full planning permission. Larger HMOs (seven or more, "sui generis") generally need planning permission. Check both licensing and planning before converting.

How long is an HMO licence valid?

A licence can be granted for up to five years, and a council can grant a shorter term. It is personal to the licence holder and does not pass to a buyer, so a new owner needs to apply. Note the expiry date when the licence arrives and apply for renewal well before it. In LetCompliance, from £7.99 a month, the licence sits on the property’s record and you are reminded 90, 30 and 7 days before it expires, with each room’s rent and arrears alongside.

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A screen tour of the whole let, end to end. No sign-up, no sales call. Just press play.

  • Track rent and arrears, and draft the notice to get a property back
  • Open the tenant portal (no password) and get the tax figures ready
  • Add a property and watch the 0 to 100 compliance score appear
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