What's an HMO?: The Position in 2026
What's an HMO? An HMO, or House in Multiple Occupation, refers to a property where three or more people from at least two different households live together and share common facilities like bathrooms, kitchens, or living spaces. What is an HMO? In the UK as of 2026, this definition remains consistent with past standards but now includes additional regulatory obligations under recent legislation.
> 2026 update - Renters' Rights Act 2025: Renting law has changed significantly. The Renters' Rights Act 2025 abolishes Section 21 'no-fault' evictions, ends fixed-term assured shorthold tenancies in favour of rolling periodic tenancies, and creates a new mandatory PRS Landlord Ombudsman plus a Private Rented Sector Database that landlords must join. The Act is being brought in over 2026, so check the current commencement position for any specific provision. See our Renters' Rights Act 2025 guide for the full picture.
In 2026, HMOs are significant for both tenants and landlords due to the heightened legal requirements surrounding health, safety, and habitability standards. Tenants in an HMO expect their living environment to meet certain criteria regarding sanitation, structural integrity, and fire safety measures. Landlords of HMOs have a broader set of responsibilities than those managing single-tenant properties, such as conducting regular maintenance checks and adhering to specific licensing requirements under local authority guidelines.
What the Law Says
The legal framework governing HMOs is primarily established by the Housing Act 1988 (sections 8, 13, and 21), which sets out the conditions necessary for a property to be classified as an HMO. Additionally, the Housing Act 2004 (sections 213-215) provides further regulations on licensing requirements, safety standards, and health provisions that HMOs must meet.
Under Section 1 of the Landlord and Tenant Act 1985. Landlords are responsible for ensuring that their properties are fit for human habitation. This is especially critical in HMO settings where multiple tenants share common areas. Increasing the likelihood of issues related to hygiene, fire safety, and structural integrity. The Deregulation Act 2015 (section 33) introduced stricter licensing requirements for certain types of HMOs. Necessitating landlords to obtain licences from local councils if they operate large-scale shared properties.
The Tenant Fees Act 2019 prohibits landlords and agents from charging tenants fees beyond those explicitly allowed by law. This includes restrictions on letting fees, renewal fees, and late payment charges, which may impact the financial dealings between HMO providers and their residents.
How the Renters' Rights Act 2025 Changes this
The Renters' Rights Act 2025 has significantly altered the situation of rental housing in the UK. At What is an HMO?, one major change is the abolition of Section 21 notices. Which previously allowed landlords to evict tenants without cause through a straightforward notice process. Now, landlords must provide valid reasons for eviction, such as breach of tenancy agreement or persistent rent arrears.
The Act also mandates that all new tenancies become periodic from day one, rather than expiring after an initial fixed term. This means that tenants have continuous protection against unfair eviction and can remain in their accommodation indefinitely unless specific grounds for termination are met.
the Renters' Rights Act 2025 introduces a national annual rent cap through Section 13, ensuring that rental increases don't exceed a reasonable percentage of inflation. This safeguard protects tenants from excessive price hikes commonly seen in high-demand areas.
The Decent Homes Standard is now extended to apply across all private rented sector (PRS) properties, including HMOs. Landlords must meet stringent criteria regarding the condition and maintenance of their premises to avoid penalties or legal action. Awaab's Law, which originally applied only to local authority landlords, has been expanded to cover private landlords as well. This includes requirements for regular safety checks and improved living conditions in shared properties.
The establishment of a new Private Rented Sector (PRS) Ombudsman provides tenants with an additional avenue for resolving disputes outside the court system. Landlords are now expected to register their properties on the PRS Database, ensuring transparency about property management practices and compliance history.
What this Means for Tenants
For tenants living in an HMO, the legal changes under the Renters' Rights Act 2025 significantly enhance protections against unfair eviction and excessive rent hikes. Tenants may be entitled to challenge any unreasonable attempts by landlords to terminate their tenancy without proper cause. The requirement for periodic tenancies from day one means that tenants can continue living in their property indefinitely. Subject only to specific grounds for termination.
Tenants are also expected to benefit from the national annual rent cap and improved standards of maintenance enforced by Awaab's Law. At What is an HMO?, this ensures that HMOs remain habitable and safe throughout the tenancy period. In cases where landlords fail to meet these obligations, tenants may be entitled to seek compensation or even terminate their agreement if necessary.
the PRS Ombudsman offers a new dispute resolution mechanism for conflicts arising between tenants and landlords. This body can investigate complaints and provide impartial rulings that both parties must adhere to. Tenants should familiarise themselves with the provisions of Awaab's Law and keep detailed records of any issues they encounter in their living environment, such as poor maintenance or safety hazards.
What this Means for Landlords
For landlords operating HMOs, the Renters' Rights Act 2025 imposes stricter compliance obligations regarding eviction procedures, rent regulation, and property management standards. Landlords must now provide valid reasons for evictions, such as breaches of tenancy agreements or persistent rent arrears, rather than relying on blanket Section 21 notices.
The annual rent cap limits how much landlords can increase rents each year to a percentage tied to inflation, ensuring fairness for tenants facing market pressures. Additionally, Awaab's Law mandates that HMOs meet specific health and safety standards, including regular gas and electrical checks, smoke alarms in all bedrooms, and sufficient fire exits.
Landlords are required to register their properties on the PRS Database and comply with licensing requirements where applicable, ensuring transparency about property conditions and management practices. Failure to adhere to these regulations may result in penalties or legal action from local authorities or tenants.
Common Scenarios
Scenario 1: Eviction Notice A tenant receives a Section 21 notice but knows that such notices are no longer valid after the Renters' Rights Act 2025 came into effect. The landlord is likely attempting to terminate the tenancy unfairly, and the tenant may need to contest this in court or through the PRS Ombudsman.
Scenario 2: Poor Maintenance A tenant living in an HMO notices that the communal areas are becoming increasingly dilapidated due to lack of maintenance by the landlord. At What is an HMO?, the tenant has been documenting the issues but wants to know if there's a way to compel the landlord to fix them or face legal consequences.
Scenario 3: Rent Increase Dispute A landlord sends notice to increase rent significantly above what's allowed under the annual rent cap set forth in the Renters' Rights Act 2025. The tenant disputes this and wants guidance on how to challenge the proposed rent hike legally.
Evidence Tenants Should Keep
Tenants living in HMOs should maintain thorough records of any issues they encounter during their tenancy, including dates of incidents, descriptions of problems, communications with the landlord, and photographic evidence when possible. Documentation is important for proving compliance or non-compliance by the landlord under legal standards.
- Date and Time Stamps: Keep logs of all correspondence related to property maintenance issues, rent disputes, or other conflicts.
- Photographs: Take photos of any structural damage, lack of safety measures like smoke detectors or fire exits, and unsanitary conditions.
- Correspondence: Save copies of emails, letters, text messages, and any formal complaints sent to the landlord regarding property maintenance or safety concerns.
- Service Reports: Maintain records of all service calls for repairs, inspections, or maintenance tasks performed in the HMO.
What to Do if Things Go Wrong
If issues arise within an HMO, tenants should first attempt to resolve problems directly with the landlord through a formal complaint letter outlining specific grievances and demands. If this fails, contacting the local council's environmental health department can be effective for addressing safety or habitability concerns that fall under statutory obligations.
For rent disputes, tenants may seek assistance from their deposit protection scheme if applicable, initiating a dispute resolution process there first before escalating to other avenues like the [Housing Ombudsman](https://thetenantsvoice.co.uk/category/env-health) or PRS Ombudsman. In severe cases involving unlawful eviction attempts, legal action through first-tier tribunals or county courts may be necessary.
Common Mistakes to Avoid
Both tenants and landlords should avoid common pitfalls such as failing to document issues properly, misunderstanding legal requirements for rent increases, ignoring licensing obligations for HMOs, and neglecting safety measures like regular gas and electrical checks. At What is an HMO?, these oversights can lead to costly disputes or legal penalties that could have been avoided with better preparation and compliance.
- Underestimating Documentation: Tenants often underestimate the importance of detailed logs and photographic evidence when dealing with maintenance issues.
- Misinterpreting Rent Cap Rules: Landlords frequently overestimate allowable rent increases under the annual cap, leading to conflicts with tenants.
- Neglecting Licensing Requirements: Some landlords overlook licensing obligations for HMOs, risking fines or closure orders from local authorities.
Where to Get Help
Tenants and landlords facing challenges in managing an HMO can turn to several resources for assistance. Shelter offers full advice on housing rights and legal issues related to tenancy agreements and property management. Citizens Advice provides general guidance on consumer rights, debt management, and dispute resolution strategies.
Local council housing teams often have dedicated departments handling complaints about substandard living conditions or unsafe environments in HMOs. Housing solicitors specialising in tenant law offer tailored advice for complex cases requiring legal intervention.
Legal aid may be available through the Legal Services Commission (LSC) for those meeting certain eligibility criteria, such as low income or severe financial hardship. Tenants should check their specific circumstances and consult these organisations directly for personalised support and guidance.