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What is Mandatory HMO licensing?
Last verified 23 October 2026
Mandatory HMO licensing is the national rule that a house in multiple occupation needs a council licence if it is occupied by five or more people living in two or more separate households who share facilities such as a kitchen, bathroom or toilet. In England, the current test has applied since 1 October 2018.
Why it matters to landlords
In England, the test covers houses, converted buildings and flats, except purpose-built flats in a block of three or more self-contained flats. The number of storeys does not matter. Each HMO needs its own licence, which lasts no more than five years. Conditions include keeping the house suitable for the number of occupants, having a fit and proper manager, sending the council an updated gas safety certificate every year, installing and maintaining smoke alarms, and providing electrical appliance safety certificates on request.
Letting a licensable HMO without a licence is a criminal offence and one of the offences that can lead to a rent repayment order. Councils can also require licences for smaller HMOs through additional licensing. Scotland runs its own HMO licensing system.
Example
Five students from different families rent a two storey terraced house and share one kitchen. The house meets the mandatory test, so the landlord must hold an HMO licence from the council before the students move in.
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Related terms
- HMO (House in Multiple Occupation)
- HMO licence
- Additional licensing
- Rent repayment order
- Fire risk assessment