The laws that apply to letting a property as an HMO
HMO letting laws cover safety, occupancy limits, and licensing
Fire safety regulations are possibly the most important safety requirement for buildings occupied by multiple households.
While exact requirements for fire safety in licensable HMOs can vary slightly from one area to another, as it is ultimately the local authority that sets and enforces the rules, HMO landlords should meet the following minimum fire safety standards:
Carry out a written risk assessment, which must be updated annually
Install mains-powered, interconnected fire alarms. If the HMO is three storeys or higher, an alarm system with a central panel is required. There must be:
A smoke alarm on each storey where there is living accommodation
A smoke alarm in each individual ‘unit’ (i.e. bedroom or bedsit)
A heat alarm in high-risk rooms, such as kitchens
Make sure the alarm system is maintained in good working order
Have a competent person carry out maintenance on the fire alarm system, according to the manufacturer’s instructions
Provide evidence of the regular checking/servicing of fire alarms to the local authority on request
Have multi-purpose fire extinguishers on each floor in the common parts (e.g. hallway and landings)
Install fire doors, fitted with closers
Provide a fire blanket in the kitchen
Fit thumb-turn locks on the main exit doors
Display notices giving tenants with instructions on what to do in the event of a fire
Your local authority may impose other requirements, such as emergency lighting and escape route signage, so you must check with the housing department before letting the property.
Even in smaller HMOs that are not subject to licensing, it is advisable to go over and above with fire safety measures to make sure your tenants are kept safe.
We’d suggest that the best way to make sure you are meeting your legal fire safety obligations is to have a local council HMO Enforcement Officer or a fire safety officer visit the property to advise you on exactly what’s required.
More information and advice on fire safety in rented properties can be found in our ultimate guide to fire safety regulations for landlords.
On 23 January 2023, the Fire Safety Regulations 2022 came into force. For all multi-occupied buildings that fall under the Building Safety Act 2022, a ‘Responsible Person’ (RP) must be appointed to carry out certain duties.
The requirements increase with the height of the building, but these are the minimum duties of the RP that will apply to all HMOs:
For all HMOs, these duties include:
Ensuring fire safety instructions - which must include the evacuation strategy and how to report a fire - are displayed in the building
Providing all residents with certain information about fire doors, including that they should be shut when not in use and any faults or damage should be reported to the RP
Making sure that these instructions and information are given to residents when they move in and every 12 months after that.
From 1 October 2023, the next stage of the Building Safety Act (Section 156) - which applies to fire safety in communal parts - comes into force.
These requirements apply to non-domestic premises, such as where people work, visit or stay. This includes workplaces and the non-domestic parts of multi-occupied residential buildings (such as communal corridors, stairways and plant rooms).
In the private rented sector, they apply to landlords (RPs) who have control over the communal parts of buildings, typically landlords who let properties by the room. The requirements do not apply within individual domestic premises.The new legislation has the effect of amending the Fire Safety Order and introducing new rules on the performance of fire risk assessments and the provision of information to tenants about fire safety risks.
The Government has published guidance explaining what RPs need to do as a result of these changes made to the Regulatory Reform (Fire Safety) Order 2005, through the Building Safety Act 2022.
Check your fire safety responsibilities on GOV.UK where there is full list of amendments.
Read more about the new fire safety regulations in our separate guide, ‘Cladding and the Building Safety Act 2022: What do landlords need to know?’.
In addition to fire safety, there are a number of other health and safety requirements that HMO landlords must comply with:
A gas safety check must be carried out each year and the full electrical installation must be checked at least once every five years. Current certificates must be provided to tenants. All electrical appliances provided must be safe, and the best way to make sure of this is to have them PAT tested annually, although this is not law.
The requirement to have an Energy Performance Certificate (EPC) with a minimum rating of E in order for a property to be legally let, only applies to self-contained properties. So, if your HMO is let to tenants on a room-only basis, an EPC is not required. However, if the whole property is let to house sharers that have signed one AST – e.g. students – then an EPC is required and a copy of the certificate must be provided to new tenants.
Whether you need an EPC or not, it’s advisable to retain the one you were given when you bought the HMO and update it every 10 years.
It doesn’t cost very much and will help you know if your property needs upgrading in the future when all rental properties are likely to require an energy performance rating of ‘C’.
Find out more in our article about EPCs and energy efficiency laws.
All landlords should carry out a risk assessment for legionella, although the Health and Safety Executive states that this doesn’t have to be detailed. Check that toilets are flushed regularly, and if there is a hot water cylinder, make sure the water is stored at 60 degrees Celsius.
HMO landlords must make sure that the property is not overcrowded and provide cooking, washing and waste facilities suitable for the number of tenants that are in the property. See the NRLA website for more details.
A room cannot be let as a bedroom if it does not meet the following minimum size requirements:
One person aged over 10 years – room must be not less than 6.51 sqm
Two persons over 10 years – room must be not less than 10.22 sqm
One person aged under 10 years – room must be not less than 4.64 sqm
All HMO landlords – regardless of whether the property requires a licence - must comply with The Management of Houses in Multiple Occupation (England) Regulations 2006. These include:
The person managing the HMO must provide their contact details to all tenants and have them on display in the property
All means of escape from fire must be kept free from obstruction and any fire-fighting equipment kept in good working order
The property must be safe, including roofs and balconies and windows with low sills
The water supply and drainage must be kept in a good and clean condition and protected from frost damage
The common parts must be maintained in a good and clean decorative order and kept safe, with adequate lighting
Living accommodation must be in a good and clean condition at the start of the tenancy and the internal structure and fixtures and fittings maintained in good and clean working order, including windows
Adequate waste bins, bags and storage facilities must be provided and the manager must make sure there is appropriate collection of waste
Outside areas - including outbuildings and forecourts used by occupiers - must be maintained and boundary walls and fences kept in good repair
Usually, when a property is classed as an HMO, or when tenants pay rent for individual rooms on individual tenancy agreements, the landlord is responsible for paying council tax.
So remember to factor this into your room rental calculation, as well as the cost of utilities and services.
It’s worth noting that, as the quality of HMO accommodation has improved, some local authorities are assessing them in such a way as to attract a council tax band for each individual unit.
Either before you invest in an HMO, or if you have an existing one, check whether the local authority is one of the 50 plus areas across the UK that are re-banded by the Valuation Office Agency (VOA) as containing multiple ‘individual homes’ rather than just one for council tax purposes.
The potential good news is that the Government has held a consultation with the proposal that HMOs should always be valued as a single dwelling (other than in exceptional circumstances) to help make sure the council tax liability remains with the landlord and tenants don’t become subject to their own individual council tax bills. However, at the time of writing we are still awaiting the feedback.
If you have a student HMO and all the tenants are in full-time education, the property is not subject to council tax. However, if even one of the occupiers ceases to be a student, council tax will become payable for the whole property.
It is your responsibility to prove that all of your tenants are in full-time higher education and if you can’t, you may be liable for the bill.
Find out how to apply for an exemption here.
And read our guide to when is a landlord responsible for council tax for more information on council tax in rental properties.
And for more information on letting and managing student HMOs, read our ultimate landlord guide to student properties.
