HMO licensing and shared housing rules in Brighton and Hove
Tenants and landlords in Brighton and Hove are covered by the same statutory framework as the rest of England regarding Housing, Management and Safety (HMS) regulations for Houses in Multiple Occupation (HMOs). This guide explains what you need to know about mandatory HMO licensing thresholds and how it affects shared housing arrangements. Brighton and Hove also covers recent changes brought about by the Renters' Rights Act 2025.
The issue of HMO licensing has gained significant traction in Brighton and Hove due to an increasing number of properties being converted into shared houses, raising concerns over safety standards and living conditions for tenants. Ensuring that all HMOs comply with licensing requirements is important for maintaining the quality of life for residents in this densely populated area.
What the law says
The Housing Act 2004 establishes mandatory HMO licensing for certain properties in England, requiring landlords to obtain a licence if their property meets specific criteria. The core requirement under Section 175 and Schedule 6 of the Act mandates that an HMO must be licensed when it has five or more unrelated people living there as their primary residence who form more than one household. This ensures shared housing arrangements meet basic safety, health, and amenity standards.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 introduced several significant changes aimed at enhancing tenant protections, including additional provisions for HMO licensing. Specifically, Section 14 of the RRA 2025 mandates that local authorities must review and update their licensing schemes every three years to ensure they reflect current housing needs and standards. This means Brighton and Hove council could implement stricter rules or expand selective licensing areas if needed.
What this means for tenants in Brighton and Hove
In Brighton and Hove, as elsewhere in England, mandatory HMO licensing applies when a property has five or more unrelated sharers living there as their primary residence. Landlords must apply for a licence from the local council to operate such properties legally. Additionally, some councils may have selective licensing schemes that require all rented properties within certain areas to be licensed, regardless of whether they meet the mandatory threshold.
Tenants in Brighton and Hove should ensure their landlord has a valid HMO licence if applicable. The Brighton and Hove environmental health team can serve improvement notices on landlords who fail to comply with licensing requirements or other safety standards. This ensures that shared living environments are safe and habitable for all residents.
Your next steps if you need help in Brighton and Hove
If you believe your landlord hasn't complied with HMO licensing requirements, your first step should be contacting the Brighton and Hove council housing team to report any concerns. Gather evidence such as emails or photographs of unsafe conditions, and check with Citizens Advice for free legal advice on tenant rights.
Brighton and Hove council offers guidance and support for tenants dealing with issues related to shared living spaces and licensing compliance. They can provide information about the specific requirements in your area and guide you through the process of reporting a breach.
Common mistakes to avoid
- Assuming Licensing Is Not Required: Landlords often overlook the need for HMO licensing when five or more unrelated individuals live in the property. Always check with Brighton and Hove council to confirm if licensing is required.
- Failing to Report Violations: Tenants may hesitate to report a landlord's failure to obtain an HMO licence due to fear of eviction or retaliation. However, reporting violations ensures compliance and protects all tenants' safety.
- Ignoring Room Size Standards: Minimum room sizes and amenity standards are critical for maintaining habitable living conditions in shared houses. Landlords must ensure that each bedroom meets the legal space requirements set by Brighton and Hove council.
- Neglecting to Seek Legal Advice: Without proper guidance, tenants may miss out on important rights or remedies available under tenant protection laws. Consulting with a solicitor can clarify your options for pursuing necessary actions against non-compliant landlords.
When to get professional advice
If you face serious issues related to HMO licensing that aren't easily resolved through council channels, seeking legal advice from a regulated solicitor may be beneficial. For more straightforward questions or concerns, free services like Citizens Advice and local council housing teams in Brighton and Hove can provide valuable support without requiring payment. To find a solicitor, you can check with the Law Society of England and Wales. Always ensure to verify your rights and obligations thoroughly before taking any action.
