HMO compliance involves considerably more than obtaining a licence and renewing the Gas Safety Certificate each year.
Landlords must consider licensing, planning, fire safety, electrical installations, room sizes, shared facilities, tenancy documents, deposits, inspections and the ongoing management of communal areas. Since 1 May 2026, landlords must also follow the tenancy reforms introduced under the Renters’ Rights Act 2025.
The precise requirements depend on the property, its location and the number of people and households living there. However, this HMO compliance checklist provides a practical starting point for landlords operating shared properties in South East London.
Need help checking your HMO? Sturstons can review your current documents, management procedures and upcoming compliance dates.
This guide reflects the position in England in August 2026. It is a general checklist rather than legal advice. Always check the property’s licence conditions and the current requirements of its local council.
1. Confirm whether the property is an HMO
A property will generally be an HMO when at least three people forming more than one household live there and share facilities such as a kitchen, bathroom or toilet.
A household can be one person, a couple or members of the same family. Therefore, three unrelated friends sharing a property will usually create an HMO, even if each tenant has a separate tenancy.
This distinction is important because a property can be an HMO without requiring a mandatory HMO licence. HMO management and safety rules can still apply to an unlicensed smaller HMO.
Start by recording:
- The total number of occupiers
- The number of households
- Which facilities are shared
- Whether rooms are let individually
- Whether the landlord lives at the property
- Whether the building contains converted flats
Recheck the position whenever the occupancy arrangement changes.
2. Check licensing and planning requirements
An HMO will generally require a mandatory licence when it is occupied by five or more people forming two or more households who share facilities.
Councils can also introduce additional licensing schemes covering smaller HMOs. This means a three- or four-person house share may require a licence in one borough but not another.
For example, Lewisham, Greenwich and Southwark operate additional HMO licensing schemes. Bromley currently relies on mandatory HMO licensing without a borough-wide additional HMO scheme.
Landlords should:
- Check the council’s current licensing scheme
- Apply before operating a licensable HMO
- Record the licence number and expiry date
- Display or provide a copy where required
- Comply with every licence condition
- Apply for renewal before the existing licence expires
- Notify the council of relevant occupancy or management changes
Our South East London HMO licensing guide compares the principal rules and fees by borough.
Planning permission is separate
An HMO licence does not provide planning permission.
Small HMOs occupied by three to six people normally fall within planning use class C4. Councils can use Article 4 Directions to remove the usual permitted-development right to change a family home from C3 to C4 use.
HMOs occupied by more than six people will generally be classed as sui generis and normally require specific planning permission.
Check the lawful planning use before purchasing, converting or increasing the occupancy of an HMO.
3. Review occupancy and room sizes
The property must not be occupied beyond the number of people or households permitted by its licence.
National minimum sleeping-room sizes for licensed HMOs are:
- 6.51m² for one person aged ten or over
- 10.22m² for two people aged ten or over
- 4.64m² for one child aged under ten
A room smaller than 4.64m² must not be used as sleeping accommodation.
These are national minimums rather than an automatic guarantee that a room will be accepted. Councils may apply larger local standards or take account of the amount of shared living space available.
Measure rooms accurately and exclude areas that do not count under the council’s measuring method.
4. Complete the essential safety checks
Gas safety
Arrange a Gas Safety check at least every 12 months using a Gas Safe registered engineer.
Provide the record:
- To a new tenant before they move in
- To existing tenants within 28 days of the check
The landlord must also keep gas installations, appliances and flues in a safe condition. A certificate does not replace the obligation to repair a known fault.
The HSE allows the annual check to be completed during the two months before its due date while preserving the existing renewal date. Check the HSE’s landlord gas-safety guidance.
Electrical safety
The electrical installation must normally be inspected and tested by a qualified person at least every five years. The resulting Electrical Installation Condition Report should confirm whether the installation is satisfactory.
Where remedial work or further investigation is required, complete it within the period stated in the report and within the applicable statutory deadline.
Provide a copy of the report to:
- Existing tenants within 28 days of the inspection
- New tenants before occupation
- Prospective tenants within 28 days if requested
- The council within seven days if requested
Landlords should also maintain electrical appliances they supply. Portable appliance testing can help demonstrate that supplied appliances are being checked appropriately, although the correct frequency should reflect the appliance and level of risk.
Smoke and carbon monoxide alarms
Provide:
- At least one smoke alarm on every storey used as living accommodation
- A carbon monoxide alarm in any room used as living accommodation containing a fixed combustion appliance, excluding gas cookers
Test the alarms at the beginning of a new tenancy and record the result. Repair or replace a reported faulty alarm as soon as reasonably practicable.
An HMO may require a more comprehensive fire-alarm system than the domestic minimum.
Energy Performance Certificate
Obtain a valid EPC before advertising the property and provide it to prospective tenants. Most privately rented properties must currently achieve at least an E rating unless a valid exemption applies.
5. Meet HMO fire-safety requirements
Fire precautions must be suitable for the building’s size, layout, occupancy and risk.
Depending on the property and council requirements, this may include:
- A suitable automatic fire-detection and alarm system
- Correctly positioned smoke and heat detectors
- Fire-resisting doors with appropriate closers
- Protected escape routes
- Emergency lighting
- Fire blankets in kitchens
- Fire-safe walls, floors and ceilings
- Appropriate locks that can be opened without a key from inside
- Clear escape routes and communal hallways
- Periodic alarm and emergency-light testing
- Records of inspections, tests and servicing
The exact specification should be based on the property rather than copied from another HMO. Seek advice from the council or a competent fire-risk professional where necessary.
Fire doors should not be wedged open, and escape routes must not be obstructed by furniture, bicycles, rubbish or tenants’ belongings.
6. Provide adequate shared facilities
The HMO must have enough facilities for the permitted number of occupiers.
Check the council’s standards for:
- Cooking appliances
- Sinks and food-preparation surfaces
- Electrical sockets
- Refrigeration and food storage
- Bathrooms and showers
- Toilets and washbasins
- Heating
- Hot and cold water
- Ventilation
- Refuse and recycling storage
Facilities must be kept in proper working order. Kitchens, bathrooms, hallways, stairs and other communal areas must also be maintained safely.
Licence conditions may specify the facilities required and the rooms in which they must be located.
7. Prepare compliant tenancy documentation
Since 1 May 2026, most assured tenancies in England operate as periodic tenancies rather than new fixed-term ASTs.
For a new tenancy, provide written terms containing the required information, including:
- Landlord and tenant details
- Property and room being let
- Rent amount and payment date
- Deposit amount
- Bills included or payable separately
- Repair responsibilities
- Tenant notice requirements
- Permitted occupation
- Rules for shared areas
- Relevant legal rights and responsibilities
Landlords were also required to provide the government’s Renters’ Rights Act information sheet to applicable existing tenants by 31 May 2026.
Use an agreement updated for the post-May 2026 regime. Do not continue issuing an old fixed-term AST template without having it properly reviewed.
8. Complete tenant checks and protect deposits
Before granting the tenancy:
- Complete a Right to Rent check
- Verify the tenant’s identity
- Obtain suitable references
- Confirm who will occupy the room
- Provide the required written tenancy information
- Supply the current safety documents
- Complete a signed inventory and condition record
- Record the alarm test
- Provide emergency and maintenance-reporting details
If taking a tenancy deposit, protect it in a government-approved scheme within 30 days of receipt and provide the prescribed information within the same period.
The deposit must not normally exceed five weeks’ rent where the annual rent is below £50,000.
Keep evidence showing when the deposit was received, protected and when the prescribed information was served. Failure to comply can lead to a financial penalty of up to three times the deposit. Our guide to landlord legal requirements covers these duties in more detail.
9. Follow the Renters’ Rights Act rules
Since 1 May 2026, landlords must account for several important changes.
These include:
- New assured tenancies being periodic
- Section 21 no-fault eviction being abolished
- Possession requiring an applicable statutory ground
- Rent increases generally being limited to once a year
- At least two months’ notice being required for a rent increase
- Restrictions on requesting or accepting rent before the agreement is signed
- Generally no more than one month’s rent being requested in advance
- A prohibition on encouraging or accepting rental bids above the advertised rent
- Protection against discrimination because an applicant has children or receives benefits
- A duty to consider pet requests and not refuse them unreasonably
Procedures and template documents should be updated rather than relying on processes used before May 2026. Read the government’s Renters’ Rights Act guidance.
10. Carry out inspections and ongoing management
Compliance must continue throughout the tenancy.
A sensible inspection process should review:
- Fire doors and escape routes
- Smoke and carbon monoxide alarms
- Signs of damp, mould or leaks
- Kitchen and bathroom condition
- Heating and ventilation
- Electrical damage or overloaded sockets
- Pest activity
- Communal cleanliness
- Waste storage
- Unauthorised occupants
- Damage and maintenance needs
- Licence-condition compliance
Give tenants appropriate notice before entering private rooms (normally at least 24 hours in writing) and visit at a reasonable time unless there is a genuine emergency.
Record the inspection, take proportionate photographs and issue clear follow-up actions. Urgent safety problems should not wait until the next routine visit.
11. Keep an HMO compliance file
Maintain a central record containing:
- HMO licence and application documents
- Planning records
- Floor plans and room measurements
- Gas Safety records
- EICRs and remedial certificates
- Fire-alarm and emergency-light certificates
- Fire-door inspections
- EPC
- Alarm test records
- Legionella risk assessment
- Appliance records
- Tenancy agreements
- Right to Rent evidence
- Deposit documents
- Inventories
- Inspection reports
- Maintenance records
- Tenant correspondence
- Contractor invoices
- Licence renewal and certificate dates
Use a calendar with advance reminders. A certificate that expires unnoticed can create a compliance gap even when the landlord intended to renew it.
HMO compliance checklist
| Requirement | Check |
|---|---|
| HMO status and household numbers confirmed | ☐ |
| Licensing scheme checked with the council | ☐ |
| Valid licence held or application submitted | ☐ |
| Planning use confirmed | ☐ |
| Occupancy complies with licence | ☐ |
| Bedrooms meet applicable size standards | ☐ |
| Annual Gas Safety check completed | ☐ |
| Valid EICR held and remedial work completed | ☐ |
| Smoke and CO alarms installed and tested | ☐ |
| Fire-alarm system tested and serviced | ☐ |
| Fire doors and escape routes checked | ☐ |
| Emergency lighting checked where required | ☐ |
| Valid EPC provided | ☐ |
| Shared facilities meet council standards | ☐ |
| Right to Rent checks completed | ☐ |
| Updated written tenancy terms provided | ☐ |
| Deposit protected and prescribed information served | ☐ |
| Inventory and check-in records completed | ☐ |
| Rent and advertising practices updated for 2026 rules | ☐ |
| Routine inspections recorded | ☐ |
| Repairs and tenant complaints tracked | ☐ |
| Renewal dates entered in a compliance calendar | ☐ |
Frequently asked questions
What certificates does an HMO landlord need?
The principal documents commonly include a valid Gas Safety record, EICR, EPC and any fire-alarm or emergency-lighting certificates required for the property. The licence or council may require additional reports.
How often should an HMO be inspected?
There is no single routine-inspection interval suitable for every HMO. Many landlords inspect approximately every three to six months, subject to the licence conditions and the property’s needs. Tenants’ rights to notice and quiet enjoyment still apply.
Does every HMO need a fire-risk assessment?
Fire risks must be properly assessed and managed. Whether a particular written fire-risk assessment is legally required can depend on the building and areas concerned. As a practical measure, landlords should obtain competent advice and maintain clear fire-safety records.
Does a three-person HMO need a licence?
It may. Mandatory licensing normally begins at five occupiers forming two or more households, but councils can license smaller HMOs through additional licensing schemes.
Who is responsible for cleaning an HMO?
The landlord or manager is generally responsible for keeping the structure, installations and communal areas in an appropriate condition. The tenancy agreement can set out tenants’ day-to-day cleaning duties, but it cannot remove the landlord’s legal management responsibilities.
Can an HMO landlord enter communal areas without notice?
A landlord may have broader access to genuine communal areas than to a tenant’s private bedroom. However, access should still be reasonable, respect the tenants’ occupation and follow the tenancy terms. Private rooms normally require permission and at least 24 hours’ written notice, except in a genuine emergency.
What happens if an HMO is not compliant?
Consequences can include civil penalties, prosecution, Rent Repayment Orders, licence restrictions and difficulties recovering possession. Serious cases may result in the council taking over management of the property.
Does using a managing agent remove the landlord’s responsibility?
No. An agent can carry out checks and administration, but the property owner should still confirm that the work is being completed correctly. The management agreement must clearly allocate responsibilities.
Keep your HMO compliant throughout the tenancy
HMO compliance is an ongoing management process, not a collection of certificates completed at move-in.
The strongest systems combine a clear compliance calendar, regular inspections, accurate tenant records and prompt maintenance. Landlords should also review the property whenever occupancy, legislation or the local licensing scheme changes.
Sturstons manages HMOs across South East London, including licensing administration, tenant documentation, inspections, maintenance coordination and compliance monitoring.
To arrange an HMO compliance review or discuss professional management, contact Sturstons on 0208 108 5974.
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