Staying safe and healthy in an HMO: the position in 2026
Staying safe and healthy in an HMO is about ensuring that shared living conditions meet high standards of safety and habitability. As more individuals opt for affordable accommodation through HMOs (Houses in Multiple Occupation). Maintaining a secure and healthy environment has become increasingly important. In 2026, tenants and landlords alike must deal with the complexities of housing regulations to ensure their homes are fit for human habitation.
The primary aim is to prevent issues such as fire hazards, inadequate heating, damp conditions, and unsafe living environments. Both tenants and landlords have specific responsibilities under UK law, which include complying with safety standards, maintaining property in good repair, and ensuring that communal areas remain clear and safe for use. As HMOs can house multiple people from different households, they're subject to stricter regulations compared to regular private rental properties.
What the law says
The legal framework governing health and safety in HMOs is established by a range of statutes. The Housing Act 1988 (Sections 21, 6A) sets out provisions for tenancy agreements and eviction notices, while Section 13 covers rent payment requirements. Additionally, the Landlord and Tenant Act 1985 (Section 11) obligates landlords to maintain their properties in a good state of repair and keep them structurally sound.
The Housing Act 2004 introduced mandatory licensing for HMOs under certain conditions, ensuring that these dwellings meet specific standards regarding space, facilities, and fire safety. Section 213-215 addresses the duties of local authorities to license and inspect HMOs, while also penalising non-compliance.
The Deregulation Act 2015 (Section 33) introduced measures for electronic tenancy agreements and reduced the notice period required for section 8 eviction notices. The Tenant Fees Act 2019 aimed at curbing unfair charges by banning letting agent fees and capping tenant deposit amounts to six weeks' rent.
These laws collectively ensure that tenants in HMOs are afforded a level of protection against substandard living conditions and unsafe environments, thereby promoting healthier and safer living arrangements.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 introduces significant reforms to enhance tenant protections and address shortcomings in previous legislation. At Staying safe and healthy in an HMO, key provisions include abolishing Section 21 eviction notices from the Housing Act 1988, which allowed landlords to end tenancies without cause by serving a notice period of two months.
under this new act, periodic tenancies start immediately upon signing a contract, eliminating any initial fixed term, thus ensuring continuity and stability for tenants. An annual cap on rent increases via Section 13 ensures that rental prices don't skyrocket unexpectedly, helping to maintain affordability.
The Act also extends the Decent Homes Standard to all private rented sector (PRS) properties, mandating landlords to meet higher quality criteria beyond just basic habitability. Awaab's Law, originally formulated in social housing settings, is now extended to cover private landlords, ensuring that every rental home meets stringent safety and health standards.
The creation of a new Private Rented Sector Ombudsman offers tenants an additional avenue for resolving disputes outside traditional legal channels. Alongside this, the PRS Database registration requirement compels landlords to register their properties, enhancing transparency and accountability within the sector.
These changes collectively aim to create a more balanced relationship between tenants and landlords, ensuring that living conditions in HMOs are consistently safe and healthy.
What this means for tenants
Under the Renters' Rights Act 2025, tenants have enhanced protections against arbitrary eviction through the abolition of Section 21 notices. Tenants now enjoy continuous tenancy from day one without initial fixed terms, which provides greater stability and security. Annual rent caps prevent sudden price hikes that could otherwise strain budgets.
Tenants must ensure their living conditions meet the Decent Homes Standard by reporting any disrepair or safety issues to landlords promptly in writing. Landlords are expected to address these concerns within legally mandated timeframes. Typically 14 days for urgent repairs and up to three months for non-urgent ones. If a landlord fails to act, tenants may escalate their complaints through formal channels like the local council's environmental health department or the Housing Ombudsman.
The introduction of the PRS Database registration requirement helps tenants to verify if their property is legally registered, thus confirming its compliance with safety and habitability standards. At Staying safe and healthy in an HMO, tenants also have access to a new Private Rented Sector Ombudsman for resolving disputes without resorting to costly litigation.
What this means for landlords
Landlords are now expected to adhere strictly to the Decent Homes Standard, which encompasses structural integrity, thermal efficiency, water supply quality, sanitation facilities, and fire safety measures. They must register their properties with the PRS Database from the statutory conversion date onwards, ensuring transparency about compliance status.
Awaab's Law mandates that all private rental homes meet stringent health and safety criteria, necessitating regular inspections and maintenance schedules to prevent issues before they escalate into serious problems. Landlords should promptly address tenant complaints regarding disrepair or unsafe conditions within legally specified deadlines: 14 days for emergencies and up to three months for standard repairs.
Failure to comply can lead to enforcement actions by local authorities, including fines and even the revocation of licences if necessary. The new Private Rented Sector Ombudsman provides an additional mechanism for resolving disputes between landlords and tenants amicably without court intervention.
Common scenarios
Scenario 1: A tenant notices mould growing in their room due to poor ventilation. They report this issue to the landlord via email, attaching photos as evidence. The landlord responds within a week with an inspection date but fails to act on subsequent repair recommendations. The tenant then contacts the local council's environmental health department, who issue an improvement notice compelling the landlord to take action.
Scenario 2: During a fire drill, it becomes evident that there are no working smoke alarms in communal areas and escape routes are blocked by furniture. A tenant writes formally requesting immediate installation of smoke detectors and removal of obstructions. The landlord complies within two weeks, ensuring compliance with fire safety regulations.
Scenario 3: Tenants collectively report multiple issues such as leaking pipes, broken locks, and malfunctioning heating systems. At Staying safe and healthy in an HMO, despite repeated requests for repairs, the landlord does nothing. After exhausting local council resources, tenants approach the Housing Ombudsman who mediates and facilitates a resolution, forcing the landlord to undertake necessary maintenance works.
Evidence tenants should keep
Tenants must document all instances of disrepair or safety concerns carefully. Keep records of written complaints sent via email or letter, noting dates and responses received from the landlord. Photographic evidence of issues can be invaluable for proving conditions at specific times. Save receipts and invoices related to any costs incurred due to unaddressed problems.
Maintain a logbook detailing all communications with the landlord regarding repairs and safety hazards. Note down dates when issues were first reported, actions taken by the landlord (or lack thereof), and subsequent escalations made to local authorities or ombudsmen. Gathering this evidence early on helps build a strong case should legal action become necessary.
What to do if things go wrong
If your living conditions in an HMO deteriorate, start with sending a formal complaint letter outlining the issues and requesting prompt resolution within legally mandated timeframes. If there's no satisfactory response from the landlord, escalate the matter by contacting your local council's environmental health department or housing team.
For deposit disputes arising from non-repair of safety hazards, contact your deposit protection scheme provider immediately for mediation. Should these measures fail to resolve issues satisfactorily, consider filing a claim with the Housing Ombudsman or the newly established PRS Ombudsman for an impartial investigation and resolution.
Legal recourse via First-tier Tribunal may become necessary if all other avenues prove unsuccessful in addressing serious disrepair or safety violations. Finally, pursuing action through County Court could be required when seeking compensation for significant damages caused by landlord negligence.
Common mistakes to avoid
Tenants often fall into the trap of not documenting issues adequately, failing to escalate complaints promptly, and neglecting to utilise available dispute resolution mechanisms effectively. Landlords commonly overlook regular safety inspections, delay necessary repairs beyond legal deadlines, and fail to register properties with the PRS Database from the statutory conversion date.
Both parties must avoid these pitfalls by adhering strictly to statutory requirements, maintaining thorough records of all interactions regarding property conditions, and utilising formal complaint processes diligently. At Staying safe and healthy in an HMO, proactive compliance and communication are key to avoiding costly disputes and ensuring safe living environments in HMOs.
Where to get help
For full assistance on dealing with tenant rights within HMOs, tenants can turn to organisations like Shelter or Citizens Advice. Local council housing teams also offer guidance on specific local regulations and enforcement procedures. Housing solicitors provide expert legal advice tailored to individual circumstances but may come at a cost unless covered by legal aid.
Legal aid remains available for certain categories of cases involving severe disrepair or safety hazards in HMOs, ensuring access to justice even for those facing financial constraints. Seek professional help early on to maximise your chances of achieving safe and healthy living conditions within shared accommodation settings.