How to make complaints when you're in an HMO: The Position in 2026
How to make complaints when you're in an HMO is a critical process that ensures your living conditions meet legal standards and are safe, healthy, and comfortable. How to make complaints when you’re in an HMO As of 2026, the situation for Housing Management Orders (HMOs) has significantly changed with the introduction of new regulations aimed at protecting tenants' rights and ensuring better management practices.
In an HMO, a shared environment often presents unique challenges that require clear communication channels between tenants and landlords to resolve issues effectively. Whether it's dealing with maintenance problems or managing disputes with fellow residents, understanding your rights under current legislation is important. This article will guide you through the process of making complaints in an HMO setting. Highlighting key legal provisions and practical steps.
What the Law Says
The law governing HMOs is primarily outlined in several statutes, including the Housing Act 1988 (sections 8, 13, and 21), the Housing Act 2004 (sections 213-215), and the Landlord and Tenant Act 1985 (section 11). Additionally, the Deregulation Act 2015 (section 33) provides further clarity on notice periods for tenants. The Tenant Fees Act 2019 also plays a important role by restricting landlords from charging certain fees.
Section 8 of the Housing Act 1988 allows local authorities to issue improvement notices requiring landlords to make necessary repairs or improvements to an HMO if it fails to meet health and safety standards. Section 13 deals with rent standardisation, ensuring that rents are fair and reasonable. Meanwhile, section 21 permits landlords to serve notice on tenants for terminating a tenancy agreement without cause.
The Housing Act 2004 (sections 213-215) addresses licensing requirements for HMOs and the penalties for non-compliance, such as fines or imprisonment. Under the Landlord and Tenant Act 1985 (section 11), landlords are legally obligated to maintain their property in a state fit for human habitation.
These statutes collectively provide a framework that ensures tenants in an HMO have a clear pathway to address issues with their landlord, whether they relate to repairs, safety concerns, or living conditions. Understanding these provisions is important for dealing with the complexities of renting within an HMO.
How the Renters' Rights Act 2025 Changes This
The Renters' Rights Act (RRA) 2025 brought significant changes to the legal situation governing tenancies in the UK, including those in HMOs. At How to make complaints when you’re in an HMO, among its key provisions:
- Abolition of Section 21: The RRA abolished the ability for landlords to issue a section 21 notice without cause, which previously allowed them to end a fixed-term or periodic tenancy at any time.
- Periodic Tenancies from Day One: Tenants can now transition directly into a periodic tenancy once their initial term ends, providing greater stability and continuity in living arrangements.
- Annual Rent Cap via Section 13: The RRA introduced an annual rent cap, ensuring that rent increases don't exceed inflation or 2% per year, whichever is lower. This provision helps protect tenants from excessive rental hikes.
- Decent Homes Standard Extended to PRS: The Decent Homes standard was expanded to cover the private rented sector (PRS), making it mandatory for landlords to maintain their properties at a decent level of repair and safety.
- Awaab's Law Extended to Private Landlords: Awaab's law, originally applicable only to social housing, now extends to all residential properties. This ensures that all landlords must ensure their properties meet fitness standards before tenants move in.
- New PRS Ombudsman: The RRA established a new Property Rights Service (PRS) Ombudsman to provide an independent dispute resolution service for private renters facing issues with their landlord.
- PRS Database Registration: Landlords are now required to register their properties on the PRS database, facilitating easier access to information about landlords and ensuring transparency in the rental market.
These changes significantly enhance tenant protection and ensure that HMOs meet stringent standards of habitability and management. Understanding these provisions is important for both tenants and landlords dealing with the evolving legal situation post-RRA 2025.
What This Means for Tenants
With the introduction of the Renters' Rights Act (RRA) 2025. At How to make complaints when you’re in an HMO, tenants in HMOs now have more strong protections against unfair practices by landlords. Firstly, the abolition of section 21 notices means that you're less likely to face sudden eviction without cause. Additionally, transitioning directly into a periodic tenancy once your initial term ends provides greater stability and predictability.
The annual rent cap ensures that any increases in rent will be reasonable and within acceptable limits set by the RRA. This protection is particularly beneficial for those living on fixed incomes or struggling with rising costs.
the extension of the Decent Homes standard to the private rented sector (PRS) means that your landlord must maintain their property at a decent level of repair and safety. If you notice significant issues such as mould, dampness, or structural problems, you can take action knowing these standards are legally enforceable.
The new PRS Ombudsman offers an independent body to handle disputes with landlords, providing a fair and impartial avenue for resolution. This is particularly useful if you face ongoing issues that your landlord refuses to address.
By staying informed about your rights under the RRA 2025 and other relevant legislation, you can better protect yourself from exploitation and ensure your living conditions meet legal standards. Always document any issues and communicate them clearly with your landlord before escalating to more formal channels if necessary.
What This Means for Landlords
For landlords managing HMOs in the post-RRA 2025 situation, several key changes significantly alter their compliance obligations:
- Section 21 Abolition: With section 21 notices no longer applicable without cause, landlords must now provide justifications and evidence when seeking to end a tenancy. This includes documenting any breaches of agreement or safety concerns.
- Rent Caps: The annual rent cap imposed by the RRA means that landlords must adjust their pricing strategies to remain compliant while still generating adequate revenue. Any increases over the allowed percentage (inflation or 2%) may result in legal challenges.
- Fitness for Human Habitation Standards: Landlords are now legally obligated to ensure properties meet high standards of safety and habitability before tenants move in, as per Awaab's Law. At How to make complaints when you’re in an HMO, this includes addressing issues like mould, dampness, and structural problems proactively.
- Decent Homes Standard Extension: The PRS must adhere to the Decent Homes standard, requiring landlords to maintain their property at a decent level of repair and safety throughout the tenancy.
- PRS Ombudsman Compliance: Landlords are expected to engage constructively with disputes through the new PRS Ombudsman system. Failing to do so could lead to sanctions or legal action from tenants.
By understanding these obligations, landlords can better deal with the complexities of managing HMOs in compliance with the RRA 2025 and other relevant legislation. Regular maintenance checks, transparent communication with tenants, and adherence to fitness standards are important steps towards maintaining a compliant and habitable property.
Common Scenarios
Scenario 1: Overcrowding Issues
Imagine you're living in an HMO where your landlord consistently tries to rent out rooms beyond the legal occupancy limits. Despite multiple complaints from other residents about overcrowding, no action is taken. In such a situation, tenants can collectively approach their local environmental health department to report this violation and seek enforcement against the landlord.
Scenario 2: Lack of Maintenance
Suppose your HMO has significant issues like mould growth in several rooms despite repeated requests for repairs from multiple tenants. This scenario often involves documenting the issue thoroughly with photos, dates, and correspondence before reporting it to environmental health or the new PRS Ombudsman if formal mediation is required.
Scenario 3: Non-compliant Licence
If you suspect your HMO doesn't have a necessary licence despite requiring one under local regulations, tenants should contact their local authority directly. The council can investigate and take action against unlicensed properties, ensuring compliance with safety standards.
Each of these scenarios highlights the importance of understanding legal rights and available recourse when facing common issues in an HMO setting.
Evidence Tenants Should Keep
When making complaints about your living conditions in an HMO, gathering and maintaining evidence is important. Here's what you should document:
- Photos: Take clear photos of any issues such as mould, dampness, or structural problems.
- Dates and Times: Note when these issues arise and persist.
- Correspondence: Keep copies of all communications with your landlord regarding repairs or safety concerns.
- Receipts: Save receipts for any costs incurred due to maintenance issues, like replacing damaged items.
Collecting this evidence helps build a strong case if you need to escalate the issue further. How to make complaints when you’re in an HMO also serves as proof that you have taken proactive steps to address problems within the property, demonstrating your commitment to resolving them amicably before seeking more formal intervention.
What to Do If Things Go Wrong
If attempts at communication with your landlord fail and issues persist in your HMO, consider these steps:
- Complaint Letter: Write a detailed complaint letter summarising all relevant issues and previous communications.
- Council Environmental Health: Contact the local environmental health department to report any safety or habitability concerns that may violate legal standards.
- Deposit Scheme Dispute: If your deposit is involved, file a dispute with your deposit scheme provider under their mediation process.
- Housing Ombudsman: Use the Housing Ombudsman for independent dispute resolution if local channels don't resolve issues satisfactorily.
- PRS Ombudsman: Escalate complaints to the new PRS Ombudsman for further investigation and potential resolution.
- First-Tier Tribunal: Consider filing a claim at the First-Tier Tribunal if disputes remain unresolved through other means.
- County Court: As a last resort, file a case in the county court to enforce your legal rights or seek damages.
Each step is designed to progressively address issues while providing tenants with multiple avenues for resolution and protection under the law.
Common Mistakes to Avoid
Both tenants and landlords often fall into common pitfalls when dealing with HMO complaints:
- Ignoring Early Signs: Ignoring minor issues can lead to significant problems down the line. Addressing maintenance needs promptly is important.
- Poor Documentation: Failing to document issues thoroughly makes it difficult to prove your case should formal action be required.
- Lack of Communication: Without clear, documented communication with landlords about issues, tenants risk having disputes dismissed due to lack of evidence or proof.
- Overlooking Legal Rights: Many tenants and landlords may not fully understand their legal rights under current legislation like the RRA 2025. Consulting a solicitor or tenant advice service can clarify these rights.
- Premature Escalation: Escalating disputes too early without trying to resolve them directly with the landlord first often leads to unnecessary conflict and delays.
Avoiding these mistakes ensures better communication, quicker resolution of issues, and adherence to legal obligations on both sides.
Where to Get Help
When facing challenges in an HMO, several organisations provide invaluable support:
- Shelter: Offers advice through their helpline or website, providing guidance on your rights and next steps. At How to make complaints when you’re in an HMO, - Citizens Advice: Provides local services offering tailored assistance based on specific issues and circumstances.
- Local Council Housing Teams: Contact your local authority's housing department for direct intervention in reported violations.
Legal aid may also be available if you qualify. Check eligibility criteria through government websites or legal aid providers to explore options further.
By using these resources, tenants can effectively address complaints and ensure their living conditions meet necessary standards under current legislation.