Are Your HMO Properties Compliant?

3 min read

brown brick building with white wooden door

Are Your HMO Properties Compliant Under the New Renters' Rights Act?

Many landlords are aware of HMO licensing requirements, particularly for larger shared properties. However, an important area of HMO law is often overlooked: the Management of Houses in Multiple Occupation (England) Regulations 2006.

With the introduction of the Renters' Rights Act and increased enforcement powers for local authorities, ensuring your HMO complies with these regulations is more important than ever.

Licensing and HMO Management Rules Are Not the Same

A common misconception is that if your property doesn't require an HMO licence, HMO regulations don't apply.

Unfortunately, that's not the case.

If your property is occupied by three or more people from two or more separate households who share facilities such as a kitchen or bathroom, it is likely to be classed as an HMO—even if it doesn't require a licence.

This means many:

Professional house shares
Student properties
Small shared homes
Jointly rented flats

may still be subject to HMO management regulations.

Why This Matters

Local authorities are expected to take a much stronger approach to enforcement under the new legislation, with greater use of civil penalties instead of prosecution.

Failure to comply with HMO management regulations can result in:

Unlimited fines through the courts.
Civil penalties of up to £40,000 for certain breaches, particularly those relating to fire safety.
Multiple penalties from a single inspection if several issues are identified.

Your Key Responsibilities as a Landlord

Whether you manage the property yourself or through a letting agent, it's important to ensure your HMO is properly maintained and managed.

Fire Safety

Fire safety is one of the highest enforcement priorities.

You should ensure:

Escape routes are always clear.
Smoke alarms and any fire-fighting equipment are working and regularly maintained.
Fire doors are installed where required and kept in good condition.
Suitable locks are fitted to doors so escape routes remain safe.
Fire safety notices are displayed where required.

Regular inspections are essential, as landlords are expected to identify and resolve issues proactively rather than waiting for tenants to report them.

Common Areas

Shared spaces should always be kept safe and well maintained, including:

Hallways and staircases
Entrance areas
Shared kitchens and bathrooms
Gardens, yards and external areas

This includes:

Good lighting
Safe handrails and stair coverings
Clear walkways free from obstruction
General cleanliness and good repair

Utilities and Services

Landlords must ensure:

Water and drainage systems are properly maintained.
Pipework is protected where necessary.
Water supplies are not unnecessarily interrupted.
Gas and electrical installations remain safe.
Gas safety records are available if requested by the local authority.

Fixtures, Fittings and Appliances

HMO regulations place wider maintenance responsibilities on landlords than many standard tenancies.

Items that should be kept clean, safe and in good repair include:

Heating systems
Lighting
Sinks, toilets, baths and showers
Kitchen appliances
Laundry facilities
Shelving and storage
Furniture provided with the tenancy

Waste Management

You must also provide:

Adequate refuse and recycling bins.
Suitable arrangements for waste collection and storage.

Even smaller HMOs are expected to have proper waste management arrangements in place.

Do Letting Agents Take Responsibility?

If you use a managing agent, they may also have legal responsibilities under HMO legislation.

However, this does not remove the landlord's obligations. Both landlords and managing agents can be held responsible for breaches.

A Simple HMO Compliance Checklist

If your property is occupied by three or more unrelated people, consider the following:

✔ Confirm whether the property is an HMO, even if no licence is required.

✔ Arrange regular documented property inspections.

✔ Test and maintain smoke alarms and fire safety equipment.

✔ Keep communal areas safe, clean and free from obstructions.

✔ Ensure gas, electrical, water and drainage systems are maintained.

✔ Repair fixtures, fittings and supplied appliances promptly.

✔ Provide sufficient refuse and recycling facilities.

✔ Keep clear records of inspections, maintenance and repairs.

The Bottom Line

The biggest risk for many landlords isn't intentionally breaking the rules—it's assuming that smaller shared properties are treated like standard rental homes.

Under the strengthened enforcement regime introduced alongside the Renters' Rights Act, local authorities are expected to take a much more proactive approach to HMO management standards.

If you own or let a property occupied by three or more unrelated people, it's worth reviewing whether it falls under the HMO Management Regulations and ensuring your compliance procedures are up to date.

Staying proactive now can help protect your tenants, avoid costly penalties and give you confidence that your property meets current legal requirements.