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Property Licence - Determining if property is classified as HMO

Do you need a Property Licence?

The RLA flowchart designed to help landlords. If you are still unsure, contact your council by clicking here

Does the building need a mandatory HMO Licence?

Is the building wholly purpose-built, or converted self-contained flats?

Does an exemption
apply to the building?

Are there THREE
or MORE occupiers?

i.e 2 OR LESS in only one or two households only

Is the building
wholly owner
occupied?

Do ALL of these apply:

1. Sole use residential?

2. Rent/consideration paid by at least
one person?

3. Only/Main residence/Term time
residence/refuge of all residents?

Is the building occupied
by a single household i.e. only by a family?

Are basic amenities
in the building
shared?

Go To BUILDING TYPE

No HMO Licence Required

Building not HMO

Building Type

If the building is any of these types:

  • •shared house   •bedsits
  • •hostel   •lodgings
  • •asylum seeker accommodation
  • •employer-related accommodation
  • •self-contained flats in a mixed building
  • •hall of residence (non-self contained units and private)

Are there
THREE OR MORE
storeys?

Are there
FIVE OR MORE
occupiers?

HMO Licence Required

No HMO Licence Required

but building is HMO

Self contained flats/basic amenities - Basic amenities means WC, washing facilities, bath/shower and kitchen facilities. Self contained means that all of these amenities are for the sole use of the occupiers of the flat/unit (and none are lacking).

Exempt properties for this purpose are those

  • • managed by local authorities/public bodies
  • • managed by local authorities/public bodies
  • • managed by Housing Associations
  • • managed by Universities and Colleges who sign up to the Code of Practice for student accommodation
  • • Religious communities
  • • Buildings registered under other legislations e.g. care homes

Household means effectively family occupied (i.e. couples and relatives living together). It will still be a household if there are certain others (e.g. au pairs or foster children) living with the family.

Owner occupied means occupied by the freeholder or leaseholder (with a lease in excess of 21 years) who are the only persons who reside in the property together with their families and/or up to two others.

Sole residence use - this requirement will be met if an HMO Declaration is in force for the particular property.

Household means effectively family occupied (i.e. couples and relatives living together). It will still be a household if there are certain others (e.g. au pairs or foster children) living with the family.

Self contained flats/basic amenities - Basic amenities means WC, washing facilities, bath/shower and kitchen facilities. Self contained means that all of these amenities are for the sole use of the occupiers of the flat/unit (and none are lacking).

Building types - this list is not exhaustive. It sets out the usual types of HMO. accommodation but there can be others. They are non self-contained accommodation or in Mixed Buildings.

Mixed Building - buildings where there are both self contained units/flats as well as other residential accommodation with shared amenities e.g. bedsits or a shared house.

Storeys - includes usable attics and basements. It also includes commercial storeys although these are not licensable.

Notes:

We strongly recommend that you read the notes accompanying the Property Licence Flowchart

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