It will be an HMO if it is one of the following:
- a shared house lived in by people who belong to more than one family* and who share one or more facilities**
- a house in bedsits lived in by people who belong to more than one family* and who share one or more facilities**
- an individual flat lived in by people who belong to more than one family* and who share one or more facilities**
- a building of self-contained flats that do not meet 1991 Building Regulation standards
- if it is occupied by only two people
- if it is occupied by the owner (and their family if any) and one or two lodgers
- if it is occupied by a religious community
- if the occupiers have their main residence elsewhere
- if no rents are payable or other considerations are provided such as free staff accommodation
- if the owner or manager is a public body
- if the owner or manager is an educational institution
- if it is a building of self-contained flats and two thirds or more of the flats are owner-occupied
- if the property is part of a guest house or hotel (unless an ‘HMO Declaration’ is made)
Which HMOs require a licence?
An HMO must have a licence if all three of the following apply:
1. It is an HMO (see definition of HMO above)
2. It is three storeys or more (includes basements)
3. It is occupied by five or more people forming at least two households
- If the whole property is in self-contained flats
* Family – husband, wife, co-habitee, child, step-child, foster-child, grandchild, parent, step-parent, foster-parent, grandparent, brother, half-brother, sister, half-sister, aunt, uncle, niece, nephew, cousin.
** Facilities – basic amenities: toilet; wash hand basin, shower, bath; cooking facilities.