Do I need an HMO licence if I live in the property?

Question

I live in my property, along with my tenants. Do I need an HMO licence, I’m a little confused?

Answer

It really depends on the number of tenants you have living in the property with you, and the way your home is configured.

Under the terms of HMO licensing, you must register your property as an HMO if it has three or more habitable floors, and it is occupied by five or more people, in two or more households.

Because you live in the building, you will have to be counted as a ‘household’. This term is defined as members of the same family who live together and couples who cohabit. A group of friends who are sharing is not termed as a single household, each individual person would need to be counted as one ‘household’, however a married couple is one ‘household’.

However, there are exceptions to who needs an HMO licence. They are:

  • You are living in your property with up to two lodgers
  • The rental property is a flat share, which is let out to two unrelated tenants
  • All occupants who live in the property are freeholders (or long leaseholders)
  • The property is a bail hostel or a care home

If you think that you may need a licence, you should contact your local authority and they will be able to assess your property’s exact situation and determine whether or not you require a licence. If they consider that you, and the property, meet HMO requirements, they will grant you an HMO licence.

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