Does an HMO need a licence?

An HMO must have a licence if they are:

• of three or more storeys
• occupied by five or more persons who form more than one household

‘Storeys’ include basements and attics if they are occupied (including by a resident landlord), have been converted for occupation, or which are in use in connection with the occupation of the HMO. Commercial premises on the ground or any upper floor will also be included in the calculation of number of storeys, but not basements in purely commercial use.

To check if a HMO needs a licence use the checklist below. If you do require a licence please contact Environmental Health on 01784 446251 or e-mail environmental.health.domestic@spelthorne.gov.uk

Application Form (Pdf 190kb)
Guidance on filling in the application form (Pdf 264kb)
HMO Standards - Management (Pdf 34kb)
HMO Standards - Amenties (Pdf 70kb)
HMO Standards – Fire Precautions (Pdf 28kb)
CIEH Fire Safety Guide (Pdf 1.9mb)
Communities and Local Goverment HMO Licensing Guidance (Pdf 440kb)

Does my HMO need mandatory licensing?

Answer each question yes or no then go to the next number question it directs you to.

		Yes	No
1.	Are five or more tenants living in your HMO?	2	4
2.	Are they more than one household?	3	5
3.	Are there three or more habitable storeys in the property?	6	4
4.	This HMO is not subject to mandatory licensing but check with Environmental Health for additional HMO registration.
5.	This is not an HMO and you don’t need a licence
6.	You and your HMO need a licence.

What is a household?

The following are 'households' for the purposes of the Housing Act 2004:

Members of the same family living together including:

• couples married to each other or living together as husband and wife (or in an equivalent relationship in the case of persons of the same sex)
• relatives living together, including parents, grandparents, children (and step-children), grandchildren, brothers, sisters, uncles, aunts, nephews, nieces or cousins
• half-relatives will be treated as full relatives. A foster child living with his foster parent is treated as living in the same household as his foster parent.

Any domestic staff are also included in the household if they are living rent-free in accommodation provided by the person for whom they are working.

Therefore three friends sharing together are considered three households. If a couple are sharing with a third person that would consist of two households. If a family rents a property that is a single household. If that family had an au-pair to look after their children that person would be included in their household.

How do I work out how many storeys there are?

When counting the number of storeys in the building you need to include:

• basements and attics if they are occupied or have been converted for occupation by residents or if they are in use in connection with the occupation of the HMO by residents
• any storeys which are occupied by you and your family if you are a resident landlord
• all the storeys in residential occupation, even if they are self-contained
• any business premises or storage space on the ground floor or any upper floor

You do not need to count basements used for business or storage unless the basement is the only, or principal, entrance to the HMO from the street.