A home can be an HMO below that threshold. Local additional licensing, selective licensing and special building categories can change what is required. Occupancy limits and room standards must be checked against the actual licence and applicable rules.
Count people and households correctly
For the usual mandatory English HMO licensing test, five or more people from more than one household share facilities. Check the full legal definition and exclusions for the property.
- Record relationships and shared kitchens or bathrooms. Five friends are not one household because they sign one agreement.
- Check the local authority's additional licensing scheme for smaller HMOs. Separate self-contained flats and converted buildings may require a different analysis.
- Review the position before a partner moves in, another room is let or the building layout changes. The original occupancy count may no longer describe the home.
Check the licence against the actual rooms
Treat the licence and its attached conditions as the working document for occupation and management.
- Match room numbers and permitted occupants to a floor plan. Check local amenity standards and any restrictions on a particular room.
- Review fire precautions, refuse arrangements and shared facilities with a competent adviser where required. A smoke alarm checklist is not a fire risk assessment.
- Keep planning and building control decisions alongside the licence. Neither automatically substitutes for the other.
Operate and renew it
Set reminders for the licence expiry and for individual conditions that fall due earlier.
- Explain how occupants report faults in shared spaces, and record inspections and repairs. Follow up obstructions and damaged fire doors.
- Keep owner, manager and contact details current with the council. When ownership changes, ask what new application is needed.
- Before renewal, compare the actual layout and residents with the existing licence. Resolve undocumented alterations and missing evidence rather than copying an old application unchanged.
Example: a couple joins three friends
A fictional property houses three unrelated friends and a couple. There are five people and more than one household, even though the couple share a bedroom. Check the mandatory licensing test and local conditions before agreeing occupation.
What to do
- Count households as well as people.
- Check the council’s mandatory, additional and selective schemes.
- Review fire, amenities, waste and management requirements before offering rooms.
Evidence to keep
- Occupancy and room schedule
- Licence and council standards
Sources and guidance
- Houses in multiple occupationUK Government · checked 20 October 2026
- Selective licensing: local authority guidanceUK Government · checked 20 October 2026