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 divided into 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.

Exemptions:

  • 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 none of the occupiers are required to pay rent or give other consideration in respect of the living accommodation.
  • If the owner or manager is a public body.
  • If the owner or manager is an educational institution.
  • A building of self-contained flats if 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)

An HMO must have a licence if all three of the following apply:

  • It is an HMO (see definition of HMO above) and
  • It is three storeys or more (includes basements) and
  • It is occupied by five people or more.

Exemptions:

  • If the whole property is in self-contained flats.
  • If the basement is in commercial use and there are only two residential storeys above.
  • If your property does not fit within the above definition please contact your LHA who will be able to help you find out if your property is an HMO or a Licensable HMO.

*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: wc; wash hand basin, shower, bath; cooking facilities.

***Accommodation used by full-time students while they are studying is taken to be their main residence.

If you need more information about which properties are HMOs the charts below may be helpful. These charts will be used by the above LHAs to help them decide which buildings are HMOs. They do not, however, indicate which HMOs are licensable.

Please click on the links below to access the charts

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