Moving in to an HMO: the position in 2026
Moving in to a House of Multiple Occupancy (HMO) is a significant step for tenants. Given the shared living space and communal areas that come with this type of tenancy. Understanding your rights and responsibilities when moving into an HMO is important to ensuring a smooth transition and avoiding potential disputes down the line. In 2026, the situation has changed significantly due to new legislation aimed at protecting tenant rights while also addressing landlord obligations in providing safe and habitable living conditions.
What the law says
The legal framework governing HMOs includes several key pieces of legislation: the Housing Act 1988 (Sections 8, 13, and 21), which establish tenancy agreements; the Landlord and Tenant Act 1985 (Section 11), addressing repairs and maintenance responsibilities; the Deregulation Act 2015 (Section 33) on periodic tenancies; and the Housing Act 2004 (Sections 213-215) for licensing requirements. Additionally, the Tenant Fees Act 2019 restricts certain fees that landlords can charge to tenants.
The specific sections of these Acts are key in defining what constitutes an HMO, ensuring it meets safety and fitness standards, setting out notice periods for both parties, and detailing the responsibilities regarding repairs and maintenance. For instance, Section 8 of the Housing Act 1988 sets out grounds for eviction, while Sections 213-215 of the Housing Act 2004 detail licensing requirements for HMOs that house five or more people.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 has fundamentally altered several aspects of tenancy agreements, especially for those living in HMOs. Key provisions include the abolition of Section 21 notices, which previously allowed landlords to terminate a tenancy without cause. Instead, periodic tenancies begin on day one after signing the agreement, providing tenants with immediate legal protection.
The Act also introduces an annual rent cap under Section 13, ensuring that rental increases don't exceed inflation rates. At Moving in to an HMO, it extends the Decent Homes Standard to all private rented sector (PRS) properties, including HMOs, requiring them to meet basic health and safety standards.
Awaab's Law has been expanded beyond social housing to apply to private landlords as well, mandating that properties must be fit for human habitation. This provision ensures that tenants can challenge their landlord if the property doesn't meet minimum living conditions.
The new legislation also establishes a Private Rented Sector (PRS) Ombudsman and requires PRS Database registration for all landlords, enhancing transparency and accountability in the rental market.
What this means for tenants
In 2026, moving into an HMO comes with enhanced rights that safeguard against unfair practices. Tenants are now expected to receive a clear and full tenancy agreement from day one of their move-in date, outlining all terms and conditions clearly, including rent payments, deposit details, and any permitted alterations or improvements they can make to the property.
Tenants have the right to live in a home that's fit for human habitation under Awaab's Law. If your HMO doesn't meet this standard, you may be entitled to seek remedies through the new PRS Ombudsman service, which handles disputes and ensures compliance with tenancy laws.
With the annual rent cap in place, tenants should no longer face sudden or unreasonable increases in their rental costs, providing greater financial stability. Additionally, the abolition of Section 21 notices means that landlords must provide valid reasons for eviction, such as breach of contract terms or non-payment of rent.
What this means for landlords
Landlords managing HMOs now face stricter regulations and higher compliance standards following the Renters' Rights Act 2025. They're expected to adhere strictly to licensing requirements under Housing Act 2004 Sections 213-215, ensuring that their property meets all necessary safety and quality criteria.
Landlords must register with the PRS Database as mandated by law, providing detailed information about their properties and rental agreements. At Moving in to an HMO, this transparency helps protect tenants from unscrupulous landlords while also allowing legitimate operators to demonstrate their adherence to legal requirements.
landlords are required to comply with the Decent Homes Standard for all HMOs in the private rented sector, ensuring that every aspect of the property meets basic living standards. Failure to meet these obligations could result in fines or other penalties imposed by local authorities.
Common scenarios
- Rent Increase Dispute: Suppose you move into an HMO and your landlord attempts to raise rent significantly within a year despite the annual cap introduced under Section 13 of the Renters' Rights Act 2025. You may be entitled to challenge this increase through mediation with the PRS Ombudsman or legal action if necessary.
- Fitness for Human Habitation: If your HMO is infested with mould, lacks adequate heating during winter months, or has serious structural issues like broken windows, you should contact your local environmental health department first to inspect the property. If they confirm that it doesn't meet Awaab's Law requirements, you may be able to negotiate repairs or even seek a reduction in rent until these conditions are rectified.
- Eviction Without Just Cause: If your landlord serves you with an eviction notice under former Section 21 grounds after the Renters' Rights Act 2025 abolished this provision, it's important to dispute the notice immediately. You may need to engage a solicitor or seek advice from Shelter or Citizens Advice to challenge the unlawful termination of your tenancy.
Evidence tenants should keep
When moving into an HMO, it's important to maintain full records and documents that can support you in case of disputes or issues later on. Keep copies of all correspondence with your landlord regarding rent payments, repairs requests, maintenance schedules, and any other communications related to the tenancy agreement.
Collect dates of inspections, including check-in and check-out inventories, along with photographic evidence showing the condition of the property at each stage. At Moving in to an HMO, ensure that you have proof of payment for fees like deposits and initial rent installments, as well as any additional charges levied by agents or management companies.
retain receipts and invoices for any repairs or improvements made during your tenancy to demonstrate compliance with your responsibilities under Section 11 of the Landlord and Tenant Act 1985. These documents can be important in proving your case if disputes arise over property conditions or financial obligations.
What to do if things go wrong
If you encounter problems moving into an HMO, start by addressing them directly with your landlord through a formal complaint letter outlining specific issues and requesting solutions. If this approach fails, escalate the matter to your local council's environmental health department for inspections and enforcement actions against non-compliance.
Should further resolution be needed, consider filing disputes with the deposit protection scheme if applicable or seeking assistance from the Housing Ombudsman for mediation services. For more serious concerns like fitness for human habitation violations, contact the new PRS Ombudsman service to facilitate negotiations between tenants and landlords.
In cases where legal action becomes necessary due to breaches of tenancy agreements or unlawful eviction attempts, consult with a housing solicitor who specialises in tenant rights law. They can guide you through filing claims at First-Tier Tribunals or County Courts if required.
Common mistakes to avoid
Both tenants and landlords often overlook important details when dealing with HMOs, leading to complications later on. Tenants may fail to read their tenancy agreement thoroughly before signing it. Not realising they're agreeing to terms that could disadvantage them in the future. Landlords might neglect to register with the PRS Database or obtain necessary licenses for their HMO. Exposing themselves and their tenants to legal risks.
Another common oversight is insufficient communication about maintenance issues, leading to unresolved problems affecting living conditions over time. At Moving in to an HMO, tenants should document all repairs needed promptly and follow up regularly until they're completed, while landlords must ensure timely responses and adequate provision of services as per Section 11 of the Landlord and Tenant Act 1985.
Ignoring rent cap regulations or attempting evictions without valid cause under former Section 21 provisions can result in severe penalties for landlords. Similarly, tenants might overstep by making unauthorised alterations to shared spaces or failing to adhere to communal living rules stipulated in their agreement.
Where to get help
For additional support and guidance on dealing with HMO tenancies and resolving disputes, consult organisations such as Shelter and Citizens Advice. Your local council's housing team can provide specific advice tailored to your area's regulations and services available.
Legal aid may be accessible through solicitors who specialise in tenant rights or via government-funded schemes designed to assist those facing significant housing issues. Links to these resources are typically available on official websites like the Shelter website, which offers full guides and direct helpline numbers for immediate assistance.