The Housing Act 2004 sets out definitions of a House in Multiple Occupation (HMO).
In general, a property is an HMO if it:
- Is occupied by 3 or more people who form 2 or more households and share facilities;
- Has been converted into bedsits or other living accommodation where facilities are shared;
- Has been converted into self-contained flats that do not meet the required Building Regulations standards and where less than two-thirds of the flats are owner-occupied (commonly known as a Section 257 HMO).
Examples of HMOs
Examples can include:
- 3 friends sharing a house
- Students renting rooms in the same property
- People renting separate rooms and sharing facilities
- Bedsits with shared kitchens or bathrooms
- A building made up entirely of self-contained flats. Known as Section 257 HMOs.
What a household means
A household generally includes people who are members of the same family, such as:
- Married couples and civil partners
- People living together as a couple
- Parents, grandparents, children and grandchildren
- Brothers and sisters, including half-siblings
- Step-relatives
- Foster relationships
People who are not related to each other are normally treated as separate households.
Section 257 HMOs
A building made up entirely of self-contained flats may be a Section 257 HMO if:
- The conversion did not comply with the relevant Building Regulations and still does not comply
- More than two-thirds of the flats are rented rather than owner-occupied
Unlike other HMOs, a Section 257 HMO is classed as an HMO because of the way the building was converted, not because residents share facilities.
Properties that may not be an HMO
Examples of properties that may be exempt from the HMO definition include:
- Buildings occupied by only 2 people forming 2 households
- Properties occupied by the owner and up to 2 lodgers
- Certain buildings managed or controlled by public bodies
- Certain religious communities
- Certain student accommodation managed by recognised educational establishments
- Buildings entirely occupied by freeholders or long leaseholders
The exact statutory exemptions are set out in Schedule 14 of the Housing Act 2004. Read Schedule 14 of the Housing Act 2004
Check if you need an HMO licence
Find out if your property needs an HMO licence and what you need to do if it does.