HMO and selective licensing in England

A landlord may need a council licence because your home is a large HMO, a smaller shared home or simply inside a selective-licensing area. These council guides separate those rules, link the official registers and show when each source was checked.

Licensing changes by address and date, and most schemes are set by your own council. Start there, then confirm the property and occupancy before relying on a register result or considering a rent repayment case.

Which rented homes need a licence?

There are three routes into property licensing. Mandatory HMO licensing applies across England. It covers a large shared home occupied by at least five people from more than one household, where facilities are shared and at least one occupier pays rent. A home is generally an HMO where at least three tenants form more than one household and share a toilet, bathroom or kitchen.[1]

A council can designate additional HMO licensing for shared homes outside the mandatory category. It can also designate selective licensing for other private rentals in a defined area. Those local schemes have their own boundaries and start and end dates.

Five things change the answer:

  • who the landlord is
  • how many people live there, and how many separate households they form
  • how the home is laid out, and which facilities are shared
  • the exact address
  • the dates you are asking about

That is why these guides date every local scheme and use each council's own published designation or guidance rather than assuming one national rule.

These guides describe the law in England. Wales has its own system: landlord licensing through Rent Smart Wales, and an HMO test its councils apply differently.[2]

How to check a property licence register

Local housing authorities must keep a register of licences, temporary exemption notices and management orders and make it available for inspection at reasonable times.[5] The practical route differs: some councils offer an address search, some publish a downloadable file, and others arrange inspection by appointment. The council pages below identify the official route recorded at the last check.

Search the exact address and save a dated result. Then ask the council whether the property needed a licence for the period you rented it and whether an application or temporary exemption was in effect. A property can be missing while an application is processed, so register absence alone does not establish an offence.[7] Keep the council's written reply with your tenancy, rent records and proof of who occupied the home.

What a licence requires from a landlord

National conditions cover gas safety, electrical appliances and furniture, smoke alarms, carbon-monoxide alarms, tenancy terms and household waste. Councils can add lawful local conditions, and a licence may run for up to five years.[8] The licence or register entry can also identify the licence holder, manager, permitted occupancy and property-specific conditions.

A licence is not a certificate that the home remains safe. Report disrepair, overcrowding, missing alarms or fire risks separately to the landlord and council, and keep photographs and messages. The council can inspect and enforce its housing and licensing powers. If there is immediate danger, leave if it is safe to do so and call the emergency services; a licensing complaint is not an emergency response.

Rent repayment orders and unlicensed homes

Letting a property without a required licence can be an offence, but the legal and factual checks matter. An effective licence application may provide a defence from its date. A temporary exemption notice, reasonable excuse, or evidence that the respondent was not the person managing or controlling the property can also affect the case.[7]

For a licensing offence committed in England on or after the 1 May 2026 rule change, a tenant can ask the First-tier Tribunal for up to two years' rent, and normally has two years from the offence to apply. The tenant must prove the offence beyond reasonable doubt, and the tribunal decides any award from the statutory factors and evidence; recovery is never automatic.[10] Older offence periods may be governed by earlier limits. Free housing advice is available from Shelter and Citizens Advice, and local law centres can help with tribunal cases.

Licensing where you live

Frequently asked questions

Think your home may be unlicensed?

If your landlord may need a licence and doesn't have one, we can help you check the register and organise the evidence a rent repayment case needs. Your first conversation with us is always free.

Remedy Legal is not a law firm and is not regulated by the Solicitors Regulation Authority. We do not carry out reserved legal activities or act as your legal representative. If your case needs a solicitor, we can connect you with an independent, regulated law firm.

Sources

  1. House in multiple occupation licence (opens in new tab). GOV.UK. Checked 4 August 2026.
  2. Housing (Wales) Act 2014, Part 1 (Regulation of Private Rented Housing), sections 4, 6, 7 and 13 (opens in new tab). legislation.gov.uk (The National Archives). Checked 19 August 2026.
  3. The Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (Wales) Order 2006 (S.I. 2006/1712 (W. 174)), article 3 (opens in new tab). legislation.gov.uk (The National Archives). Checked 19 August 2026.
  4. Rent Smart Wales — registration and licensing for landlords and agents (opens in new tab). Rent Smart Wales (Cardiff Council). Checked 19 August 2026.
  5. Housing Act 2004, section 232 (registers of licences and management orders) (opens in new tab). legislation.gov.uk (The National Archives). Checked 4 August 2026.
  6. Housing Act 2004, section 73 (other consequences of operating unlicensed HMOs: rent repayment orders) (opens in new tab). legislation.gov.uk (The National Archives). Checked 19 August 2026.
  7. Rent repayment orders: offences guidance for tenants (opens in new tab). GOV.UK (MHCLG). Checked 4 August 2026; data as at 1 May 2026.
  8. Housing Act 2004, Schedule 4 (licence conditions) (opens in new tab). legislation.gov.uk (The National Archives). Checked 4 August 2026.
  9. Housing Act 2004, section 68 (licences: general requirements and duration) (opens in new tab). legislation.gov.uk (The National Archives). Checked 4 August 2026.
  10. Rent repayment orders: guidance for tenants (opens in new tab). GOV.UK (MHCLG). Checked 4 August 2026; data as at 1 May 2026.