HMOs: definitions and occupancy rules

• What is a HMO?
• What is a household?
• I rent out rooms in a private property, do I require a licence?
• What criteria determines how many people can occupy an HMO?

A HMO (house in multiple occupancy) consists of three or more people living together as two or more households, usually sharing facilities such as kitchens and/or bathrooms. It could be a bedsit, shared house or a flat.

The following are households according to the Housing Act 2004.

Members of the same family living together including:

• Couples that are married, in a civil partnership or living together
• Relatives and half relatives living together, including parents, grandparents, children, step children, foster children, grandchildren, brothers, sisters, uncles, aunts, nephews, nieces, or cousins.

This means three unrelated friends sharing a home together are counted as three households. A couple sharing with a third unrelated person is two households. A family renting a property is a single household. If that family has an au-pair to look after their children, that person would be included in their household.

A resident landlord can have up to two lodgers living in the property with them and this would not require a licence. If you have three or more lodgers, then the property will require an HMO licence.

The number of people who can live in each HMO is determined by the number and size of rooms. There may be limits because of the size, number, and location of facilities such as bathrooms, toilets, and kitchens. For guidance read Private Sector Housing space and amenity standards. If we find that your property is not suitable for the current number of occupants, we will work with you to either make the property suitable for the number of occupants, or to reduce the number of occupants in a reasonable timescale. If the council decide that your property is not suitable for the number of occupants, you have the right to appeal this decision.