What is an Unlicensed HMO

What is an Unlicensed HMO? A Tenant’s Guide to Your Rights and Safety

Are you living in a shared house, and something just feels a bit off? Perhaps there are more people than you expected, the landlord is slow to respond to maintenance requests, or you’ve just got a nagging feeling that things aren’t quite right. You might unknowingly be living in an unlicensed HMO, and that can come with serious implications for your safety and legal rights.

Understanding the ins and outs of HMOs (Houses in Multiple Occupation) can feel complicated, but it’s essential for any tenant living in a shared property. This guide is here to break it down for you and provide a tenant’s guide to understanding your rights, recognizing if you are in an unlicensed HMO and taking action.

Understanding HMOs

What is an HMO? Defining a House in Multiple Occupation

To begin, let’s clarify exactly what a House in Multiple Occupation (HMO) is. In simple terms, an HMO is a property that’s shared by three or more people who form more than one household, and share facilities such as bathrooms or kitchens. The key thing here is that a single family isn’t living there together. Instead, it is a group of people who are essentially living as separate individuals, but are sharing a single property. HMOs tend to be more common amongst students, young professionals, and in areas with higher demand for rented accommodation. This often means an HMO has a higher tenant density than typical residential properties.

Key Criteria: How to Know if Your Property is an HMO

It’s crucial to know if your property is classified as an HMO. Here are some key criteria to help you figure it out:

Number of Occupants: Usually, three or more people are living in the house who are not part of the same family. This means that a parent with their two adult children wouldn’t be an HMO, but three unrelated adults, living together, will be.
Multiple Households: The people living there don’t form a single household or family unit.
Shared Amenities: Facilities like kitchens and bathrooms are shared between the occupants, with no private cooking and cleaning facilities for each household.

The Problem of Unlicensed HMOs

Know Your Rights: What Protection Do You Have in an HMO?

Knowing your rights is essential to ensuring that your tenancy runs smoothly and that you are legally protected. If your landlord doesn’t adhere to these rights, then they can face legal action. Here are some key tenant rights that you should be aware of if you live in a HMO:

Right to a Safe and Habitable Property: You have the right to live in a property that is safe, in good repair, and free from health hazards. Landlords of HMOs are legally obligated to maintain the premises and carry out repairs in a reasonable amount of time. This is especially important in a HMO, as maintenance issues can quickly become a safety concern for a larger number of tenants.
Right to a Tenancy Agreement: You have the right to a written tenancy agreement that clearly outlines the terms of your tenancy, such as rent amount, payment schedule, notice period, and landlord and tenant responsibilities. If you don’t have a written agreement, then make sure you get one, otherwise it will be difficult to enforce your rights.
Protection from Unfair Eviction: You are protected from unfair eviction, and your landlord can’t evict you without the proper legal process or a legitimate reason. If you receive an eviction notice, it is important to check that it is legally compliant and that you have been given the right amount of notice.
Right to Privacy: Your landlord has no right to enter your room without giving you reasonable notice and with your permission. Landlords should respect the privacy of the tenants and also respect the peace of the property.
Access to Information: You have the right to know who your landlord is, their contact details and also their responsibilities. If you have questions about the property then you have a right to have these answered within a reasonable amount of time.

What are Your Landlord’s HMO Responsibilities?

It isn’t just tenants that have rights, the landlords themselves have a list of responsibilities they should adhere to. As an HMO landlord, they have a lot of responsibilities to make sure that the property is safe, legally compliant, and manageable for the tenants.

Licensing: They must obtain the correct license for their HMO property and ensure that it is up to date and all terms are met. Failure to comply will lead to fines and enforcement.
Health and Safety: Landlords are responsible for ensuring the property is safe and free from hazards. This involves conducting regular risk assessments, and ensuring that all electrical appliances are safe, that fire safety systems are in good working order, and that there are sufficient escape routes in the event of an emergency.
Repairs and Maintenance: The landlord must be proactive in making repairs to the property in a timely manner. If there are maintenance issues these need to be resolved as quickly as possible to ensure tenant safety and to prevent further damage.
Waste Management: Landlords are usually responsible for ensuring that there are enough bins, and that these are emptied and that waste is disposed of in accordance with regulations. Poor waste management can lead to hygiene issues and attract pests.
Legal Compliance: Landlords are responsible for knowing local rules and laws, and adhering to them. Failing to do this can lead to them being fined or taken to court.
Gas Safety: HMO landlords are legally required to ensure that all gas appliances are safely installed and that an annual gas safety check is carried out by a licensed professional.

Red Flags: Is Your Property an Unlicensed HMO?

If you are concerned that you might be living in an unlicensed HMO, here are a few red flags that you should watch out for:

Overcrowding: Is the property overcrowded with more people than it can reasonably accommodate?
Poor Maintenance: Are there maintenance issues that have not been resolved despite repeated requests to the landlord? Are there issues of damp, mold or pest infestation?
Lack of Fire Safety: Are there working smoke alarms, escape routes, fire doors or any fire safety measures? This is one of the most obvious red flags that will immediately tell you that the property is not up to code.
No HMO License Displayed: A licensed HMO landlord should display their license somewhere on the property. If you can’t find it, then they might not have a license.
Lack of a Written Tenancy Agreement: Is your tenancy agreement not written down, and are you unsure of the terms? This is a red flag.
Reluctance to Provide Information: Is the landlord reluctant to give you information regarding the safety and regulations of the property?

**What is an Unlicensed HMO and Why Does It Matter?**

An unlicensed HMO is an HMO property that is operating without the necessary license from the local council. In many locations, landlords are legally required to obtain a license for an HMO if it houses a certain number of people or is a certain size or type of building. This is because HMOs often pose greater risks than standard rental properties due to higher occupancy levels, shared facilities, and potential fire hazards. Operating without this license is a breach of the law.

Safety: Licensed HMOs are usually inspected and have to meet minimum health and safety standards that unlicensed HMOs often do not. This includes things such as fire doors, adequate smoke alarms, and sufficient fire escape routes. Living in an unlicensed HMO could mean you’re exposed to avoidable safety risks.
Legal Rights: An unlicensed HMO may have a different legal framework than licensed ones, which could have an impact on your legal rights, and recourse options as a tenant.

It’s vital to know whether you are living in an unlicensed HMO, as this has implications for your safety and legal protection.

Taking Action: How to Report an Unlicensed HMO

If you have looked at all the red flags, and feel that you might be living in an unlicensed HMO, then it is essential that you take action. Here’s a step-by-step guide:

Gather Evidence: Collect as much evidence as you can. This includes taking photos of any safety issues, keeping records of communication with your landlord, and any other details that might support your claim.
Contact Your Local Council: The first point of contact is your local council or authority. They are responsible for regulating and enforcing HMO laws. Most councils have a dedicated department or team that deals with HMO licensing. Look for their website and look for a specific number or contact detail.
Follow the Procedure: Follow the council’s complaints procedure, providing all evidence that you have collected. They should carry out an investigation.
Stay Safe: You don’t want to get into unnecessary trouble with your landlord, so consider seeking advice from a tenant’s rights organisation or legal advisor before making a complaint.
Stay Anonymous (if possible): Depending on your situation, you might want to make an anonymous report. Not all councils will offer this, but some will allow you to make a complaint without them disclosing your name to the landlord. Always check with your local council if this is a possibility.

The Consequences: What Happens to Landlords with Unlicensed HMOs?

So, what can a landlord expect if they are caught operating an unlicensed HMO? The consequences can be pretty serious, which is why it’s so important for landlords to comply with the law:

Fines and Penalties: Landlords can be fined significant sums of money for operating without a license. This will depend on the severity of the breach and your local authority. In some areas, fines can be into the thousands of pounds.
Enforcement Notices: Local authorities can issue enforcement notices requiring landlords to take immediate action to rectify issues with the property, such as poor safety provisions or overcrowding. If they fail to comply, they may face further penalties, including being forced to close the property or face further prosecution.
Prosecution: In extreme cases, landlords can face criminal prosecution for operating an illegal HMO, especially if they are putting their tenant’s safety in danger.
Reputational Damage: Being caught operating an unlicensed HMO can seriously damage a landlord’s reputation, making it harder to find tenants in the future.

Understanding Local HMO Licensing Requirements

It is crucial to understand that HMO laws, regulations and licensing rules vary by location. What applies in one city may not apply in another, so you should check your local council’s website to ensure you know what rules apply. Local rules on the definition of an HMO and what a license is required for can vary drastically depending on your location. Do not assume that because someone told you something is true, that it is correct. Always research your own area.

Putting it into Perspective: Examples of HMOs

Let’s see some practical examples to help you identify the differences:

Licensed HMO Example:

A large house with four unrelated young professionals.
Each bedroom has its own lockable door and the property has fire doors, fire alarms and clearly marked escape routes.
The landlord has a valid HMO license displayed within the property and regularly carries out maintenance and repairs.
The tenants have a written tenancy agreement.

Unlicensed HMO Example:

A house with six tenants (unrelated individuals and families) sharing a single bathroom and kitchen.
The property is in a bad state of repair and the landlord does not make repairs quickly.
The property has no fire doors or clearly marked escape routes and no working smoke alarms.
The landlord has not displayed an HMO license and the property is overcrowded with no space to move.
The tenants do not have written tenancy agreements and feel like they are being taken advantage of.

Conclusion

Understanding what an unlicensed HMO is and knowing your rights as a tenant is vital for ensuring your safety and security. Living in a shared house can be a great experience, but it’s crucial to make sure that your property is legally compliant and that your landlord is acting responsibly.

If you suspect you are living in an unlicensed HMO, do not ignore the signs. Take action, report the property to your local council, and seek support from tenants’ rights organizations if necessary. By taking proactive steps you will be protecting yourself and others.

Remember to check your local council’s website to find out the specific laws that apply to you, as they will differ from area to area. Knowledge is your best tool, so make sure you know your rights and exercise them.

If you are in a shared house, always ask questions and don’t be afraid to ask your landlord about their responsibilities. They should be open to this and provide you with information if they are a responsible landlord.

Call to Action:

Find your local HMO Rules: Click here to find your local council’s HMO page [Link to generic local council finder]
Contact your Local Council: Have you noticed any red flags at your property? Click here to go to a generic council finder
Tenants advice: If you have concerns regarding your property click here for guidance.