What Is Mandatory HMO Licensing?
Mandatory HMO licensing is one of the three key licensing schemes that UK landlords must be aware of when renting Houses in Multiple Occupation (HMOs).
Alongside additional licensing and selective licensing, the mandatory scheme is the most clearly defined in law and applies across all local authorities in England and Wales.
Mandatory HMO licensing applies to properties that meet all of the following criteria:
- The property is rented to five or more people;
- The tenants form two or more separate households;
- The tenants share kitchen, bathroom or toilet facilities.
If your property meets these conditions, it is legally classed as a “large HMO” and must be licensed through the local authority before it can be let out. There are no exceptions based on the number of storeys—this changed in October 2018, when the government updated the definition.
Example: A two-storey house let to six unrelated students sharing a kitchen and two bathrooms is a licensable HMO under the mandatory scheme.
This differs from:
- Additional Licensing, which may apply to smaller HMOs (e.g., 3–4 tenants) if a local council chooses to introduce a scheme.
- Selective Licensing, which applies to all private rented properties in a designated area, regardless of the number of tenants.
Mandatory licensing is required by national law, whereas the other two depend on local authority discretion.
Legal Background and 2018 Rule Change
Mandatory HMO licensing was introduced under the Housing Act 2004. Initially, it applied only to properties with three or more storeys, rented to five or more people in two or more households, with shared facilities.
However, in October 2018, the government removed the storey requirement. This change significantly expanded the number of licensable HMOs, catching many landlords unaware. Now, even a single-storey flat rented to five unrelated adults may fall under the mandatory licensing regime.
The legal definition is enforced by local housing authorities, who oversee applications, carry out inspections, and issue licences under this framework.
What You Need to Obtain a Mandatory HMO Licence
Obtaining a licence is not simply a tick-box exercise. Councils will assess the property and the landlord against several criteria:
1. Fit and Proper Person Test
You (or your managing agent) must pass a test to show you’re a suitable person to hold a licence. This includes checks for:
- Criminal convictions (especially related to housing, fraud, drugs, or violence)
- Breaches of landlord law
- History of poor property management
2. Minimum Room Sizes
Your rooms must meet national minimum size standards:
- 6.51m² for a single adult
- 10.22m² for two adults sharing
- 4.64m² for a child under 10
Any room used for sleeping must be measured accurately, excluding areas with ceiling height below 1.5m.
3. Facilities and Layout
You must demonstrate that the property provides:
- Adequate kitchen and bathroom facilities
- Proper waste disposal systems
- Sufficient ventilation and heating
- Access to fire exits and escape routes
4. Safety Standards
Fire and general safety are a major part of HMO compliance. You will need:
- A valid Gas Safety Certificate
- A fixed Electrical Installation Condition Report (EICR)
- A fire risk assessment
- Smoke and heat detectors in key areas
- Emergency lighting and signage (where required)
5. Property Management Practices
Councils may ask for:
- Copies of tenancy agreements
- Procedures for handling complaints and repairs
- Details of who is managing the property day-to-day
Some councils also require a floor plan, photographic evidence, and declarations confirming ongoing compliance.
Application Process and Costs
Each local council runs its own HMO licensing process, but the basic steps are similar:
✅ Step 1: Online Application
- Visit your local authority’s website
- Complete the application form
- Upload supporting documents
✅ Step 2: Payment
- Most councils charge between £500 and £1,500 per property.
- Some divide the fee into an application charge and a grant fee (only paid if approved).
✅ Step 3: Inspection
- The council may inspect your property before granting the licence.
- They will check fire safety, room sizes, and overall condition.
✅ Step 4: Licence Issued
- If everything is in order, the licence is typically valid for 5 years.
- Some councils issue shorter licences for new or high-risk landlords.
Licences may come with conditions that must be followed throughout the licence period (e.g., maintaining fire alarms, managing waste, or limiting occupancy).
Compliance, Conditions, and Renewals
Your obligations don’t end once a licence is granted. You must:
- Comply with licence conditions (e.g., keep electrical/gas certificates up to date)
- Notify the council of changes (e.g., new tenants, change of manager)
- Renew the licence before expiry
Renewal reminders are not guaranteed—so landlords should keep records and set calendar alerts 6–12 months in advance.
Some councils also conduct spot inspections during the licence term to ensure ongoing compliance.
Tip: A well-managed HMO is less likely to face complaints or enforcement action.
Penalties for Not Having a Mandatory Licence
Letting a property that requires a mandatory HMO licence without having one is a criminal offence. Landlords who fail to comply can face serious consequences:
❌ Civil Penalties
- Councils can fine up to £30,000 per offence without going to court.
❌ Rent Repayment Orders (RROs)
- Tenants (or local authorities) can reclaim up to 12 months of rent.
❌ Criminal Prosecution
- Courts can impose unlimited fines and issue criminal records.
❌ Banning Orders
- Serious offenders may be banned from letting property entirely.
Example: In 2021, a landlord in Birmingham was fined over £30,000 for renting a six-bedroom HMO without a licence and ignoring fire safety requirements.
Mandatory Licensing vs. Additional and Selective Licensing
| Feature | Mandatory Licensing | Additional Licensing | Selective Licensing |
|---|---|---|---|
| Based on number of tenants? | Yes (5+ people, 2+ households) | Yes (e.g., 3+ people, local rules) | No |
| Applies everywhere? | Yes (national) | No (local authority discretion) | No (local authority discretion) |
| Shared facilities required? | Yes | Usually yes | No |
| Type of properties | Large HMOs | Smaller HMOs | All private rentals |
For more details, visit our dedicated guides to Additional Licensing and Selective Licensing.
Conclusion
Mandatory HMO licensing is a cornerstone of housing regulation in the UK. If you let a property to five or more unrelated people in two or more households, and they share facilities, you must have a valid licence. Failing to do so can lead to substantial fines, legal trouble, and reputational damage.
The process may seem complex, but with the right preparation and documentation, it’s entirely manageable. For more information about wider licensing obligations, visit our complete guide to HMO licensing and make sure your property meets all relevant legal requirements.
