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Check HMO occupancy before accepting another resident

Recalculate people and households and check both room limits and the overall licence.

England · Wales · Scotland · Current guidance

Checked 20 October 2026. Review due 19 November 2026.

An extra resident can change licensing, amenities and safety requirements even if no new bedroom is created. Assess the proposed household before agreeing occupation.

Count correctly

  • Count people and households or families using the applicable legal definition.
  • Include a partner becoming resident, not only the names paying rent.
  • Distinguish a visitor from a person using the home as their residence on the facts.

Check the accommodation

  • Read each room's permitted occupation and the building's overall limit.
  • Review kitchen, bathroom, refuse and fire arrangements for the proposed number.
  • Check planning and building permissions where the use or layout changes.

Record the decision

  • Obtain written authority clarification or variation where needed.
  • Do not advertise or promise a place that exceeds the permitted arrangement.
  • Update the household and management records when the move is lawful.

Check the effect of one extra resident

Count actual residents and households, including partners who have moved in. A spare bed is not evidence of permission.

  • Compare the proposed arrangement with each room limit, the overall licence limit and any planning restriction. Check whether a room is authorised for sleeping rather than another use.
  • Recalculate who shares each kitchen, bathroom and toilet. An acceptable bedroom does not establish adequate shared facilities or escape arrangements.
  • If the proposal needs a licence variation or another approval, obtain the necessary decision before occupation changes. Explain the delay and the reason to the applicant without promising that approval is certain.

Example: a double room gains a second resident

A fictional room is large enough in ordinary language, but the licence authorises one person in it. Check and resolve the licensing position before accepting a partner. Bed size is not the occupancy permission.

What to do

  1. Record the proposed residents and household relationships.
  2. Compare room and total occupancy with the licence and local standards.
  3. Obtain any necessary permission or variation before occupation.

Evidence to keep

  • Licence, floor plan, room measurements and household assessment.
  • Authority response and updated agreement or permission.

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Sources and guidance

Related guides

General information, not legal advice. Use the official source for the full scope and exceptions. Read our source and correction policy. You can print this page using your browser’s print option.

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