Shared houses: licences and safety duties

If you live in a shared house where five or more people from different households rent together, your landlord has significant extra legal duties beyond those for single-family lets. Understanding what these are—and what happens when landlords ignore them—can help protect your safety, your home, and your money.

What is a large HMO and when must it be licensed?

HMO stands for House in Multiple Occupation. A property is a large HMO requiring a mandatory licence if it is occupied by five or more people from two or more separate households and some or all tenants share basic amenities such as a kitchen, bathroom, or toilet. This definition applies regardless of how many floors the property has.

A 'household' is typically defined as members of the same family or a couple. Two unrelated individuals living together count as two separate households. Children of any age count towards the number of occupants, so a property with a couple, their two children, and one unrelated lodger (five people from two households) would meet the threshold.

HMO licensing requirements and what they cover

Obtaining an HMO licence is a legal obligation. The licence is not free: fees typically range from £500 to £1,500 for a mandatory licence, though some London boroughs charge per habitable room and can exceed £2,000. Processing times vary from 4 to 12 weeks depending on which council handles it. Licences last up to five years and must be renewed before expiry.

When a licence is granted, it comes with mandatory conditions. These conditions set a maximum number of people who can occupy the property and require the landlord to maintain certain safety standards. For example, the property must have adequate waste disposal, suitable room sizes, and working utilities. The local council will inspect the property to ensure it meets these standards before issuing the licence.

Gas safety requirements

Every landlord must arrange an annual gas safety check carried out by a Gas Safe registered engineer. This check must cover all gas appliances (boilers, hobs, fires), gas flues, and related pipework. After the check, you will receive a certificate, often called a CP12 or Landlord Gas Safety Record. This certificate is valid for 12 months.

Your landlord must provide a copy of the gas safety certificate to all tenants within 28 days of any new check, and before you move in. The landlord is required to keep records of the certificate for at least two years. Failure to provide the certificate is a criminal offence and landlords can face fines of up to £6,000 or six months in prison.

Electrical safety checks

Private landlords must ensure every electrical installation in a rental property is inspected and tested by a qualified person at intervals of no more than five years. The result of this check is documented in an Electrical Installation Condition Report, or EICR. This is a legal requirement under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

Your landlord must provide a copy of the EICR to you within 28 days of the inspection or before you move in. The certificate is valid for five years, though an inspector may specify a shorter validity period if they identify issues that need monitoring. As with gas safety, the landlord must retain a copy of the report until the next inspection and test is due.

Fire safety duties

HMO landlords have strict fire safety obligations under the Regulatory Reform (Fire Safety) Order 2005 and the Housing Act 2004. The landlord is the 'responsible person' and cannot delegate this responsibility away entirely. A qualified person must carry out a fire risk assessment to identify hazards and determine what precautions are needed.

Typical fire safety measures in shared houses include fire doors fitted with self-closing mechanisms and smoke seals, fire extinguishers and fire blankets that are regularly inspected, and working smoke and carbon monoxide alarms. All escape routes must be kept clear, and proper signage must be displayed. The local council's housing department enforces these requirements and can impose serious penalties if they are not met.

What happens if the HMO is not licensed

Operating a large HMO without a licence when one is required is a criminal offence. Landlords face severe penalties: civil penalties of up to £40,000 (increased from £30,000 by the Renters' Rights Act 2025) or an unlimited fine if prosecuted in court. A council must choose either to prosecute or to impose a civil penalty for the same offence—they cannot do both.

As a tenant, you have a powerful legal remedy: you can claim back rent through a Rent Repayment Order (RRO). If your home is unlicensed and should be licensed, you can apply to the First Tier Tribunal (Property Chamber) to recover up to 12 months of rent that you have paid. This is a strong incentive for landlords to comply, and a financial protection for you if they do not.

To succeed with an RRO claim, you will need to prove that the property is indeed an unlicensed HMO and that it should have been licensed. You should gather evidence such as a letter from the council confirming the property was not licensed during your tenancy, your tenancy agreement, proof of rent payments, and information about who else lived in the house. The tribunal will examine this evidence and decide whether to award compensation.

Reporting safety failures and getting help

If your landlord fails to provide a gas safety certificate, electrical check report, or maintains poor fire safety, you should report the issue to your local council's housing enforcement team. You can also contact the council if you believe the property is unlicensed or if you have concerns about overcrowding, broken amenities, or other habitability issues.

When you contact the council, provide as much detail as possible: the address of the property, the names of all occupants if you know them, and a description of the safety concern. If you report a suspected unlicensed HMO, the council will verify whether a licence is required and whether one has been issued. If it has not, the council can investigate and take enforcement action against the landlord.

In addition to reporting to the council, you may also consider contacting Shelter England, which provides free housing advice to tenants, or another housing advice service in your region. These organisations can help you understand your rights, gather evidence, and decide whether to pursue a Rent Repayment Order or other remedies.

Your tenant rights in a shared house

Living in a shared house does not reduce your legal rights as a tenant. You are entitled to a safe, habitable home. This means the structure and exterior must be in good repair, the property must be free from hazards that could cause illness or injury, and all utilities must function properly. Your landlord must maintain all common areas such as hallways, staircases, and shared bathrooms and kitchens.

You have the right to quiet enjoyment of the property, meaning your landlord cannot enter without notice except in genuine emergencies. You have the right to have your deposit protected in a government-approved tenancy deposit scheme, and your landlord must provide prescribed information about how the scheme works. You also have the right to challenge unfair terms in your tenancy agreement.

In a shared house, you and your housemates are often individual tenants each with your own tenancy agreement, rather than joint tenants. This means you have individual rights and responsibilities. If one tenant leaves, the others remain. Check your tenancy agreement to understand your specific terms and whether the landlord can simply replace a departing tenant without your agreement.