Do I need an HMO licence?
Written by Sam Allcock · Last updated 23 August 2026 · Facts checked against GOV.UK guidance on the date above
You need a mandatory HMO licence if you let your property to 5 or more people who form 2 or more separate households and share a kitchen, bathroom or toilet, with at least one tenant paying rent.
But you could still need a licence for a smaller property if your council runs an additional licensing or selective licensing scheme in your area - so a 5-step check, not a single yes/no rule, is the only reliable way to answer this.
This is general information, not legal advice. The only way to be certain is to check directly with your local council - use this walkthrough to work out what to ask them.
Step 1: is your property an HMO at all?
Your property is a house in multiple occupation if at least 3 tenants live there, forming more than 1 household, and they share toilet, bathroom or kitchen facilities (GOV.UK, checked 23 August 2026).
A household usually means a family or a couple living together; unrelated sharers - friends, colleagues, individual students who each rented their own room - count as separate households, even on a single joint tenancy agreement.
If your property doesn't meet this basic test - for example, a couple or family renting a whole house together as one household - it isn't an HMO, and none of the licensing rules below apply.
Step 2: does it meet the mandatory "large HMO" test?
You need a mandatory HMO licence if all of the following apply: 5 or more people live there, they form 2 or more separate households, they share toilet, bathroom or kitchen facilities, and at least 1 tenant pays rent (GOV.UK, checked 23 August 2026).
This test looks at how the property is actually occupied, not its size or number of storeys - a change that took effect on 1 October 2018, when an earlier exemption for buildings under three storeys was removed, bringing many smaller converted properties into mandatory licensing for the first time (GOV.UK guidance for local housing authorities, updated 9 October 2019).
| Occupancy | Mandatory licence needed? |
|---|---|
| 5+ people, 2+ households, shared facilities, rent paid | Yes - mandatory HMO licence required, wherever the property is. |
| 3-4 people, 2+ households, shared facilities | Not mandatory nationally, but check for additional licensing in your area (Step 3). |
| Any occupancy, but all one household (e.g. a family or couple) | No - not an HMO, so HMO licensing doesn't apply. |
Step 3: even under the mandatory threshold, check for additional licensing
If your property is an HMO but doesn't meet the 5-person mandatory test, it can still need a licence if your council has designated your area for additional licensing.
Additional licensing lets a council bring smaller HMOs - ones outside the mandatory rules - into a licensing requirement for a specific area, where it believes there's a problem that needs managing.
This is entirely area-specific: the same 4-tenant HMO could need a licence on one street and not on another a mile away, depending on whether that council has designated it.
Step 4: check whether selective licensing applies, even if you're not an HMO
Selective licensing is different again - it can require a licence for any privately rented property in a designated area, whether or not it's an HMO.
Councils introduce selective licensing where they can show issues such as low housing demand, a significant and persistent anti-social behaviour problem, poor housing conditions, high levels of migration, high deprivation, or high crime - and for the latter four reasons, that private rented housing makes up a high proportion of homes locally, currently defined against a national average of 19% (GOV.UK selective licensing guide for local authorities, updated 16 December 2024).
So even a single-let, one-household property with no HMO characteristics at all can need a licence if it sits inside a selective licensing designation - this catches many landlords who assume licensing is "an HMO thing" and nothing else.
Step 5: confirm with your council directly
Because additional and selective licensing are set locally, the only reliable way to get a definitive answer for your specific address is to check with your council.
- Use GOV.UK's postcode tool to identify your local council.
- Search that council's website for "HMO licensing" or "selective licensing" to see current designated areas.
- If your area isn't listed, or you're still unsure, contact the council's private-sector housing or licensing team directly and describe your exact occupancy.
We're building a postcode-based checker for this section to speed this step up. Coming soon Until then, see our HMO & landlord licensing hub for links to every stage of the process, or go straight to GOV.UK's official HMO licence page →
Frequently asked questions
Does a couple renting together count as 2 households?
No - a couple living together as partners generally counts as 1 household, not 2, so a property let only to a single couple isn't an HMO regardless of how many people that is.
I have 4 unrelated tenants sharing a kitchen and bathroom - do I need a licence?
You don't need a mandatory HMO licence at 4 tenants, since that requires 5 or more, but you could still need one if your council runs an additional licensing scheme covering your area - check with them directly.
What if I'm not sure whether my council runs additional or selective licensing?
Search your council's own website for "HMO licensing" or "selective licensing," or contact their private-sector housing team directly, since these schemes are set locally and aren't listed on a single national database.
Does it matter if my tenants are students?
Students generally count the same as any other tenants for the household test - individual students each renting their own room typically count as separate households, but a family or couple who both happen to be students would count as one.
What if my HMO is only let to 3 people?
A 3-tenant HMO forming more than 1 household is an HMO in principle, but it falls well below the 5-person mandatory licensing threshold, so it would only need a licence if it fell under a council's additional or selective licensing designation.
apply for licence is an independent guide and is not affiliated with, endorsed by, or connected to GOV.UK, any local council, or any government body. This page is general information, not legal advice - for a definitive answer on your specific property, contact your council's private-sector housing team or a licensing solicitor.