HMOs and holidays - what to remember: the position in 2026
HMOs and holidays - what to remember is a guide for tenants living in Houses of Multiple Occupation (HMO) who are planning extended stays away from home, such as during holidays or other long-term absences. HMOs and holidays - what to remember This article addresses key issues like subletting, legal obligations, and practical considerations that arise when tenants plan to leave their homes temporarily.
Understanding the legal framework governing HMOs is important for both tenants and landlords in 2026. Changes introduced by recent legislation mean that what was once a straightforward tenancy agreement now involves more detailed rights and responsibilities, particularly regarding subletting, holiday lets, and tenant conduct. Tenants must be aware of their obligations to ensure they don't inadvertently breach their agreements.
What the law says
The Housing Act 1988 (s.20-21) and the Landlord and Tenant Act 1985 (s.11) lay down fundamental tenancy terms, including notice periods for eviction and repairs obligations. The Housing Act 2004 (s.213-215) provides additional protections against harassment and illegal evictions. The Deregulation Act 2015 (s.33) restricts landlords' rights to issue Section 21 notices, requiring valid reasons for eviction. The Tenant Fees Act 2019 prohibits letting agents from charging certain fees to tenants.
These statutes collectively ensure that HMO tenants are protected against unfair practices and have clear guidelines on their responsibilities when planning absences or subletting rooms during holidays.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 significantly reshapes tenancy laws, particularly impacting HMOs. Section 21 notices are abolished from the statutory conversion date, meaning landlords must rely on more specific grounds for eviction under Sections 8 and 3 of the Housing Act 1988. Tenants can move directly into periodic tenancies from day one, providing greater stability.
The act introduces an annual rent cap via Section 13 to prevent excessive rent increases. HMOs and holidays - what to remember also extends the Decent Homes Standard to all private rented sector (PRS) properties and enforces Awaab's Law across PRS landlords for fire safety standards. A new Private Rented Sector Ombudsman has been established, along with a mandatory PRS Database registration system.
These changes enhance tenant protections and ensure HMOs adhere to higher maintenance and safety standards, impacting both tenants' rights and landlords' compliance obligations.
What this means for tenants
Tenants in HMOs have several key considerations when planning extended stays or holidays. First, they must understand their subletting restrictions under the tenancy agreement; without landlord permission, subletting may breach terms and result in eviction notices. Tenants should seek written consent before letting rooms to others.
Secondly, tenants need to be aware of their deposit protection rights and how to maintain these during absences. They should ensure rent payments are made on time to avoid penalties or legal action. If planning a long-term holiday, tenants may consider surrendering the tenancy with landlord agreement to prevent future disputes over rent and conditions.
What this means for landlords
Landlords managing HMOs must comply with new regulations introduced by the Renters' Rights Act 2025 regarding fire safety standards (Awaab's Law) and property maintenance. They need to update their tenancy agreements to reflect these changes, ensuring they provide tenants with clear guidelines on subletting restrictions and holiday lets.
Landlords also face stricter notice periods for eviction, requiring valid grounds such as unpaid rent or breach of contract terms. Ensuring that all necessary documentation is in order before serving notices can prevent delays and legal challenges from tenants.
Common scenarios
Scenario 1: Subletting without Permission
Tenant Alice plans to go on a holiday but decides to sublet her room for six months instead. She collects rent without informing the landlord, breaching her tenancy agreement. The landlord serves an eviction notice under Section 8 of the Housing Act 1988.
Scenario 2: Extended Absence and Rent Arrears
Tenant Bob is going away for a year but fails to inform his landlord or secure a break clause in his contract. He returns to find rent arrears and eviction proceedings, as the landlord issued a Section 8 notice due to unpaid rent during his absence.
Scenario 3: Unannounced Holiday Letting
Tenant Charlie lists his room on an Airbnb site without consent from his landlord. The landlord discovers this through neighbour complaints and serves a Section 21 notice despite recent legislative changes abolishing such notices for most circumstances.
Evidence tenants should keep
Tenants in HMOs should maintain detailed records of all relevant documents, including their tenancy agreement, payment receipts, correspondence with the landlord regarding subletting or holiday lets, and any agreements made. Keeping a log of dates when they informed the landlord about planned absences is important for proving compliance.
Photos of the property condition before leaving can be useful if disputes arise over damages upon return. Collecting proof of rent payments via bank statements shows financial responsibility during holidays or extended stays away from home.
What to do if things go wrong
If issues arise regarding subletting, holiday lets, or other tenancy breaches in HMOs, tenants should start by sending a formal complaint letter to the landlord explaining the situation and seeking resolution. At HMOs and holidays - what to remember, if this fails, contacting local council environmental health for inspections can uncover any safety or maintenance violations.
Disputes over deposits may require escalation through deposit protection schemes, while more serious disputes might necessitate involvement from the Housing Ombudsman or PRS Ombudsman for mediation. Legal action in a first-tier tribunal or county court should be considered as a last resort if previous steps fail to resolve issues satisfactorily.
Common mistakes to avoid
Both tenants and landlords often overlook key legal requirements, such as obtaining written permission before subletting rooms or failing to adhere to new fire safety standards set by Awaab's Law. Landlords may issue outdated Section 21 notices without valid grounds, while tenants might neglect to inform their landlord of extended stays, leading to rent arrears and eviction threats.
Understanding the specific legal obligations under recent legislation is critical to avoiding such pitfalls and ensuring compliance with tenancy terms in HMOs.
Where to get help
Shelter (www.shelter.org.uk), Citizens Advice (www.citizensadvice.org.uk), your local council's housing team, and specialist housing solicitors provide invaluable support. Legal aid may be available for certain disputes involving tenants' rights or housing conditions but eligibility criteria must be met.
Tenants and landlords should utilise these resources to gain accurate legal advice tailored to their specific circumstances in HMOs.