HMO tenancy agreements: the position in 2026
HMO tenancy agreements is a legal document that outlines the terms and conditions of renting accommodation within a House in Multiple Occupation (HMO) environment. In 2026, this agreement plays a important role for both tenants and landlords as it details responsibilities, rights, and obligations under updated UK tenant laws.
The Housing Act 1988 introduced the concept of assured shorthold tenancies, which remain common for HMOs despite subsequent legislative changes. However, recent updates like the Renters' Rights Act 2025 have significantly altered how these agreements are structured and enforced. Tenants in HMOs must now be aware of their rights under new provisions that aim to protect them from unfair practices and ensure they live in decent conditions.
What the law says
Under UK law, several statutes govern tenancy agreements for Houses in Multiple Occupation (HMOs). The Housing Act 1988 (Sections 8, 13, and 21) sets out the basic framework for short-term assured shorthold tenancies. Section 13 of this act outlines how landlords can lawfully end a tenancy agreement, while Sections 8 and 21 detail specific grounds for eviction.
The Housing Act 2004 (Sections 213-215) focuses on fire safety and the licensing requirements for HMOs. This legislation ensures that all HMOs comply with stringent building regulations and are regularly inspected to maintain a safe living environment.
the Landlord and Tenant Act 1985 (Section 11) mandates that landlords must keep their properties in good repair and condition. The Deregulation Act 2015 (Section 33) abolished certain notice requirements for periodic tenancies after six months, allowing tenants to break a fixed-term agreement under specific conditions.
The Tenant Fees Act 2019 also plays a significant role by banning many fees that landlords previously charged to tenants. This helps ensure fairer practices and prevents exploitative financial arrangements within HMOs.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 introduces several important changes affecting tenancy agreements in HMOs. It abolishes Section 21 notices, making it harder for landlords to evict tenants without a valid reason such as non-payment of rent or breach of contract.
Under the RRA 2025, periodic tenancies start from day one instead of after six months, providing greater security and flexibility for tenants. At HMO tenancy agreements, the act also imposes an annual rent cap under Section 13, limiting how much landlords can increase rents each year to prevent excessive financial burdens on tenants.
The Decent Homes Standard is extended to the private rented sector (PRS), ensuring all HMOs meet minimum living conditions criteria. Awaab's Law, which originated in social housing settings, is now applicable to private landlords, mandating that properties must be fit for human habitation from day one of a tenancy.
A new Private Rented Sector (PRS) Ombudsman has been established to handle complaints and disputes between tenants and landlords. Landlords are also required to register their HMOs on the PRS Database, providing transparency and accountability in the rental market.
What this means for tenants
Tenants in HMOs now have enhanced rights and protections under the Renters' Rights Act 2025. They may be entitled to a periodic tenancy from day one rather than after six months of fixed-term agreement, offering greater security and flexibility. The annual rent cap prevents landlords from unfairly increasing rents each year beyond specified limits.
Tenants must ensure their HMO meets the Decent Homes Standard, which includes basic amenities like heating, hot water, and structural integrity. They may also be entitled to seek mediation through the new PRS Ombudsman if disputes arise with their landlord.
It's important for tenants to review their tenancy agreement carefully before signing it to ensure compliance with all legal requirements. Tenants are expected to maintain a clean living environment and report any issues promptly to avoid breaching the terms of their agreement, which could lead to eviction proceedings.
What this means for landlords
Landlords managing HMOs face new obligations under the Renters' Rights Act 2025. They must ensure that their properties meet all legal standards, including fire safety regulations and the Decent Homes Standard. Landlords are also required to register their HMO on the PRS Database.
The abolition of Section 21 notices means landlords can't evict tenants without a valid reason such as non-payment of rent or breach of contract. At HMO tenancy agreements, they must provide notice periods in line with new legal requirements, which typically involve longer notice periods for periodic tenancies.
Landlords may still increase rents annually but are subject to the newly imposed rent cap under Section 13 of the RRA 2025. This ensures that increases don't exceed a reasonable threshold and remain fair to tenants.
Compliance with these regulations is expected, as failure to adhere can result in penalties or legal disputes. Landlords should keep detailed records of maintenance schedules, inspections, and any improvements made to their properties to demonstrate adherence to the law.
Common scenarios
Scenario 1: A tenant in an HMO finds that their landlord has failed to maintain adequate fire safety equipment as required by law. The tenant may serve a formal complaint letter to the landlord requesting immediate action. If no resolution is reached, they can escalate the issue to the council's environmental health department for inspection and enforcement.
Scenario 2: Tenants in a shared HMO discover that their deposit has been improperly withheld due to alleged damages beyond normal wear and tear. They should first contact the tenancy deposit scheme directly to initiate an adjudication process. If unsuccessful, they may seek further resolution through the Housing Ombudsman or take legal action via the First-tier Tribunal.
Scenario 3: A tenant living in an HMO faces eviction after their landlord serves a Section 8 notice for non-payment of rent. The tenant should immediately assess if there are valid grounds to dispute this claim, such as financial hardship due to loss of employment. They may negotiate with the landlord or seek legal advice to contest the eviction.
Evidence tenants should keep
Tenants in HMOs should maintain thorough documentation and evidence throughout their tenancy to protect their rights. Important documents include:
- The signed tenancy agreement. At HMO tenancy agreements, - Receipts for rent payments, utility bills, and any other expenses related to the property.
- Written correspondence with the landlord regarding maintenance issues or disputes.
- Inspection reports from environmental health departments or fire safety officers.
Photographs documenting any damage or maintenance issues can also serve as valuable evidence. Tenants should keep a record of all communications with their landlord in case they need to prove compliance with tenancy agreements or dispute unfair eviction notices.
What to do if things go wrong
If disputes arise within an HMO, tenants have several steps to take before seeking legal remedies:
- Complaint Letter: Send a formal complaint letter to the landlord outlining the issues and requesting resolution.
- Council Environmental Health: If fire safety or building standards aren't met, escalate the issue to the local council's environmental health department for inspection.
- Deposit Scheme Dispute: For disputes over deposits, contact the relevant tenancy deposit scheme to initiate an adjudication process.
- Housing Ombudsman: Escalate unresolved complaints to the Housing Ombudsman, who can provide mediation services or investigate complaints.
- PRS Ombudsman: The new PRS Ombudsman handles disputes specific to private rented sector tenancies and provides a neutral platform for resolution.
- First-tier Tribunal: For more serious issues like improper rent increases or unfair eviction notices, tenants may need to take legal action through the First-tier Tribunal.
- County Court: As a last resort, unresolved cases can be taken to county court where a judge will decide on the matter.
Each step should be carefully documented and followed with patience as resolving disputes often involves multiple stages of communication and negotiation before reaching a satisfactory conclusion.
Common mistakes to avoid
Both tenants and landlords frequently make errors when dealing with HMO tenancy agreements. Tenants may fail to review their agreement thoroughly before signing it, leading to unexpected obligations or rights being overlooked. Landlords might not keep up-to-date records of property maintenance, risking penalties for non-compliance.
Tenants could also neglect to report minor issues promptly, allowing them to escalate into more significant problems that breach the terms of their tenancy agreements. Similarly, landlords may withhold deposits without proper justification, leading to disputes and potential legal action from tenants.
Avoiding these common mistakes is important for maintaining a harmonious living environment and ensuring compliance with all relevant laws and regulations governing HMOs in 2026.
Where to get help
For further assistance, tenants can contact organisations such as Shelter or Citizens Advice. Local council housing teams also provide valuable support on legal rights and local policies related to HMO tenancy agreements. Housing solicitors specialising in tenant law offer professional advice for resolving complex disputes or seeking legal remedies.
Legal aid may be available to those who qualify based on financial need, ensuring that everyone has access to fair representation when dealing with housing issues. Links to these resources can typically be found on official government websites and local council portals dedicated to tenant rights and support services.