Written in November 2024. Checked for changes in the law in November 2026. This is general information, not legal advice.
The Housing Act 2004 provides a clear definition of what constitutes a House in Multiple Occupation (HMO). This classification is important for ensuring that shared housing meets safety and management standards. If you’re a landlord or tenant in a shared property, it’s essential to understand whether your property qualifies as an HMO and what that entails.
1. What Is an HMO?
Under the Housing Act 2004, a property is considered an HMO if:
- It is occupied by three or more tenants forming two or more households.
- Tenants share common facilities such as a kitchen, bathroom, or toilet.
- The property is their main residence.
A household is typically defined as members of the same family or a couple living together. Unrelated tenants count as separate households.
2. Additional HMO Classifications
The act also includes specific provisions for:
- Section 254: Defines basic criteria for HMOs, including shared amenities and mixed households.
- Section 257: Applies to converted buildings where not all units meet building regulations and at least one-third of the units are rented out.
3. Licensing Requirements
Landlords of certain HMOs are required to obtain a mandatory license from the local council. This applies to properties with:
- Five or more occupants forming two or more households.
- In England, there has been no minimum number of storeys since October 2018, so smaller HMOs with five or more occupants also need a mandatory licence.
4. Why Is HMO Classification Important?
HMO classification ensures that shared properties meet higher safety and management standards. Local authorities can inspect HMOs to enforce these standards, which may include:
- Fire safety measures, such as smoke alarms and fire doors.
- Adequate kitchen and bathroom facilities for the number of occupants.
- Proper maintenance of communal areas and structural integrity.
Key Points
- An HMO is a property shared by three or more tenants forming at least two households.
- Specific rules apply to converted buildings under Section 257.
- Licensing is mandatory for larger HMOs, ensuring safety and proper management.
Understanding HMO classification helps tenants know their rights and ensures landlords meet legal obligations.