Understanding Your HMO Rights
1 Joint Tenancies in HMOs
In a shared house, several occupiers may be parties to the same joint tenancy. This is different from separate individual room agreements, so you should check your tenancy agreement carefully before making decisions about leaving.
Under the new tenancy framework, the actions of one joint tenant can have consequences for the tenancy as a whole. If you are considering giving notice, discuss the situation with your housemates and obtain advice if you are unsure about the effect of your notice.
2 Living Conditions & Rights
Living in an HMO does not mean giving up your basic rights to a safe and suitable home. Depending on the property and local rules, landlords and managers may have obligations covering fire safety, sanitation, overcrowding, repairs and shared facilities.
- Pet Requests: Tenants covered by the new rules have rights concerning requests to keep pets, subject to the statutory conditions and exceptions.
- Anti-Discrimination: Landlords and letting agents must comply with applicable equality and housing laws. Certain blanket policies can be unlawful.
- Repairs: Report problems such as leaks, defective heating, electrical problems, broken locks or dangerous communal areas promptly.
- Fire Safety: HMO landlords can have additional fire-safety obligations, including appropriate escape routes, alarms and other safety measures.
3 HMO Licensing & Enforcement
Many HMOs require a licence, although licensing requirements vary according to the type of HMO and local authority rules. A property may also be subject to additional local licensing requirements.
If a landlord or manager operates an HMO in breach of licensing or other housing requirements, the local authority may have enforcement powers.
4 Rent Increases
A landlord cannot simply increase rent whenever they want. The legal process depends on the type of tenancy and the rules applying to it.
Check Your Agreement
Identify your tenancy type and the rent terms.
Check the Notice
Make sure the landlord has followed the required legal procedure.
Challenge if Necessary
Get advice if you believe the increase is unlawful.
5 Protect Yourself
- 1. Keep copies of your tenancy agreement, rent records and important correspondence.
- 2. Photograph significant problems and keep records of repair reports.
- 3. Never ignore a formal notice from your landlord. Check whether it is legally valid.
- 4. If the property is an HMO, check whether it should be licensed and whether your local council provides a public licensing register.