Houses in Multiple Occupation (HMO)

A House in Multiple Occupation (HMO) is a house or flat which is occupied by three or more people who do not live as a single household (such as people in a family relationship) and where they share one or more basic amenities, such as a bathroom, toilet, or cooking facilities.

Bed sitting accommodation and houses or flats occupied by sharers where there is no family relationship are examples of HMOs.

The full legal definition of a HMO is contained within the Housing Act 2004 which can be found on the Department for Communities and Local Government (DCLG) website.

What problems can you find with a HMO?

HMOs can provide affordable housing for people who perhaps cannot afford to rent a flat or house and are not eligible for council housing. However, it is possible to find the very worst housing standards in HMOs and these tenants are most at risk from poor management.

The most common problems associated with multiple occupancy relate to:

• poor fire safety standards
• overcrowding
• inadequate facilities
• poor management.

What standards should you expect in a HMO? 

Most of the standards for HMOs are set by the Government and are a minimum requirement. Other standards are given as a guide to what we believe are reasonable for the health and safety of the occupants.

The standards include:

• fire precautions and means of escape in case of fire
• adequate amenities (kitchen and bathrooms) are provided
• adequate space is available to tenants and there is no overcrowding
• proper management is in place.

The  Housing Health and Safety Hazard Rating System (HHSRS) is also used to measure other risks in HMOs, in particular repair and fire safety risks.

How do we check HMO standards?

We carry out routine inspections of all known HMOs in Lambeth. If conditions are not up to the required standards the landlord is required to improve them.

In addition, if a landlord wants to set up a new HMO one of our officers will visit and give advice on the requirements for the property.

We also respond to complaints received from occupying tenants or other persons or services.

HMO Licensing

The Housing Act 2004 introduced the licensing of HMOs. It is mandatory to licence certain larger and higher risk HMOs, and we can licence other HMOs at our discretion.

HMOs subject to mandatory licensing are defined as:

• properties of three or more storeys
• let to five or more people
• who form two or more households.

Storeys include occupied basements and attics, including those occupied by a resident landlord. Commercial premises on the ground or any upper floor are also included. Children are counted from birth in the same way as adults.

Read more about the licensing of houses in multiple occupation and see HMOs frequently asked questions for more information.

What properties are exempt from HMO licensing?

Certain types of properties are not classed as HMOs for the purposes of the Housing Act 2004 and as a result are exempt from licensing:

• a property occupied by two persons living as two households (i.e. two person flat shares)  
• buildings managed or controlled by public sector bodies (such as the police or the NHS) or an LHA or a Registered Social Landlord  
• buildings occupied by students and the person in control is the educational body
• buildings converted entirely into self-contained flats 
• buildings occupied by a resident landlord and his family with no more than two lodgers 
• buildings regulated under another Act, such as care homes, bail hostels
• buildings entirely occupied by freeholders or long leaseholders.

Non-licenseable HMOs

If an HMO does not require a property licence, fire precaution works and the provision of extra amenities may still be required.

A landlord is responsible to ensure his or her property is safe for the occupants and must carry out a risk assessment. The Private Sector Housing Environmental Health Team will need to inspect the property to carry out a HHSRS risk assessment to determine if any works are necessary.

What support do we provide?

We offer advice, inspection, registration and enforcement services in relation to houses in multiple occupation and make sure that the building is safe, in good repair and has adequate means of detecting and escaping from fire.