UKMy HMO landlord hasn't got a licence. What does this mean for me?
If your HMO landlord doesn’t have a required licence, the tenancy is still legally valid, but the landlord commits a criminal offence and you may be able to claim up to 12 months’ rent back through a Rent Repayment Order.
What the Law Says
The Housing Act 2004 sets out when a House in Multiple Occupation (HMO) must be licensed — and what happens if it isn’t. Licensing protects tenants in shared or high-occupancy homes by ensuring safety standards are met.
A landlord must hold a licence for any HMO that is three or more storeys high, houses five or more people from two or more households, and has shared toilet, bathroom or kitchen facilities. This is called a 'large HMO' and licensing is mandatory.
If a landlord operates a licensable HMO without a valid licence, they commit a criminal offence under section 72 of the Housing Act 2004. Local councils can prosecute and impose unlimited fines — though typical penalties range up to £30,000 per offence.
Crucially, the lack of a licence does not make your tenancy agreement void. You remain a lawful tenant with full rights — including protection from eviction and entitlement to repairs.
Statutory TextA person commits an offence if he is the person managing an HMO which is required to be licensed under this Part and he fails to ensure that it is licensed.
— Housing Act 2004, s. 72 — Offence of failing to licence an HMO
What to Do
Check if your property is a licensable HMO (3+ storeys, 5+ people, shared facilities)
Search your council’s public HMO register or contact them to confirm if a licence exists
If unlicensed, report it to your local council’s housing enforcement team
Apply to the First-tier Tribunal for a Rent Repayment Order (RRO) — you may reclaim up to 12 months’ rent
Keep all rent receipts and records — these support your RRO claim
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.