Hmo

What is a House in Multiple Occupation (HMO)?

An HMO is typically any property eg a house, bungalow, maisonette or flat, that is rented out to three or more people who form two or more households and share facilities like the kitchen or bathroom. 

A 'household' could be a single person, or members of the same family living together. This includes people who are married, civil partners or cohabiting couples. It also includes close relatives and foster children living with foster parents.

What are the standards that need to be met?

All HMOs are covered by regulations relating to the management of HMOs. They are expected to meet minimum standards with regard to fire protection, numbers of kitchens and bathrooms, room sizes and general repair and safety. Even if a licence is not required, these standards need to be met. For more information on this, please look at our 

.

HMOs that are licensed will be subject to conditions that will include the following standard conditions that apply to all licensed HMOs

Anti-social behaviour (ASB) in HMOs

HMO landlords have a responsibility to control ASB from their tenants. Furthermore, landlords of HMOs that are licensed will be subject to a condition that requires them to have in place procedures for dealing with ASB. There are a number of ways in which landlords can control ASB.

Spelthorne's ASB guide for landlord provides further information on ASB and how landlords can tackle this 

You can also contact our Community Safety team on 01784 451499 or community.safety@spelthorne.gov.uk who can provide further advice and support.

HMOs and Planning requirements

Currently, some HMOs require change of use planning consent and do not benefit from permitted development rights. An Article 4 Direction increases the scope of HMOs that require change of use consent.

On 29 August 2025, an Article 4 Direction will come into effect across the Staines, Ashford North & Stanwell South, and Stanwell North Wards, which will remove the permitted development right to convert a dwelling house (C3 Use) into a small House of Multiple Occupation (HMO) for up to 6 individuals.  Any dwelling house when first occupied as a small HMO on or after the 29 August 2025 in those 3 wards, will require planning permission for conversion.  Planning permission is already required to convert a dwelling house into an HMO that is occupied by 7 or more individuals and this will remain unchanged. 

The Council has also made a further Article 4 Direction covering the remaining Wards in the borough, which subject to confirmation is due to come into effect on 13 March 2026, which will remove this permitted development right across all remaining Wards across Spelthorne. For more information, see Article 4 Directions - Spelthorne Borough Council   

When does an HMO need a licence?

An HMO needs a licence if

• it has five or more people
• the occupants form two or more households

On 1 October 2018, changes were made to the law which removed the storey requirement. Any properties that meet the criteria above, regardless of the number of storeys now require a licence.

Spelthorne operates the mandatory licensing scheme under Part 2 of the Housing Act 2004, but does not currently operate any additional or selective licensing schemes. Therefore, HMOs in Spelthorne with three or four occupants do not need to be licensed.

Our risk-based HMO licensing scheme

The scoring of HMO applications according to risk encourages landlords of HMOs to ensure good standards and that their HMOs are well managed and maintained. The level of risk will determine the duration of the licence that is granted, and only those where there are no concerns will be granted a 5-year licence. Where a licence is granted for a 3 or 1- year period, there will usually be additional conditions in the form of a schedule of works that the licence holder will need to comply with within a specified time frame.

5-year licence

Landlords who meet all expected standards and provide well-managed, safe accommodation to a good standard, with no hazards, concerns or need for intervention, would receive a 5-year licence.

3-year licence

Properties calculated as being medium risk due to the level of confidence in management and /or where improvements are needed to address property defects or inadequate facilities would receive a 3-year licence.

Examples of where a 3-year licence might be granted include

• bathrooms and/or kitchen facilities that fail Council's standards (but can be made suitable)
• inadequate fire detection
• missing fire precautions such as property lacking fire door or doors are not to standard
• statutory notice/s had to be served to ensure compliance
• defects present that amount to a category 1 hazard (in accordance with the housing, health and safety rating system (HHSRS)).

1-year licence

Properties calculated as being high risk, whether due to poor management, intervention of other agencies, where enforcement action has been or will be taken for poor standards, or other serious concerns, would receive a 1-year licence.

Examples of where a 1-year licence might be granted include

• when an applicant fails to come forward voluntarily to apply for a licence
• the property does not have, and requires planning permission.
• poor internal layout (inner rooms, no protected route or open plan/townhouse)
• no fire detection and/or no fire doors present
• serious issues to means of escape (lighting/obstructions/incorrect locks)
• serious breaches (including lack of compliance with licence conditions)*
• where a prosecution or financial penalty has been imposed by the Council or other enforcement authority*
• serious concerns/intervention has been needed by Environmental Health or other departments or agencies including Police*
• the standard of property management and or maintenance is poor*
• Multiple hazards found (including one or more category 1 hazards)

*note in some such cases, the licence may be refused if the landlord or manager are not considered 'fit and proper' persons to manage the HMO, or it may be revoked if there are serious management concerns or the need for significant enforcement action after the licence has been granted.

Holders of an HMO licence granted under the previous HMO licence scheme will be transferred to the new scheme on expiry of their current licence, with their licence being renewed according to the new renewal process and be subjected to the risk rating process.

How do I apply?

You can download an 

 and 

. Once completed email to eh.residential@spelthorne.gov.uk attaching all the required documentation (as listed below). To make payment you can either send a cheque with the appropriate fee or we will arrange for someone to call you to take payment.

To make a valid application you will need to submit the completed application form with the following:

• a current gas safety certificate (if there is gas)
• a current  electrical installation condition report
• a test certificate for the automatic fire detection system (if there is one)
• a current test certificate for the emergency escape lighting system (if there is one)
• an energy performance certificate (EPC)
• a written fire risk assessment* carried out by a competent person (If not submitted with the application, it will be required within 6 months of the licence being issued)
• a floor plan, showing the room sizes, the fire protection measures and the kitchen, toilet and bathroom facilities (see application notes for an example)
• a blank copy of a tenancy agreement for the property that is given to tenants

Without all of the above (except a written fire risk assessment), the application is incomplete and will not be considered. Please make sure you have the correct documents before you make an application, as you may be charged for an incomplete application.

*There are a few fire risk assessor registration schemes in operation for persons and companies that carry out fire risk assessments, which can provide details of competent risk assessors:

• The Institution of Fire Engineers (www.ife.org.uk)
• Warrington Fire (https://www.warringtonfire.com/)
• The Institute of Fire Safety Managers (www.ifsm.org.uk)

How much does it cost?

An application for new licence or a  renewal is £1368.00 (of which the processing fee is £567; maintenance fee is £801.00)

A 5% discount is given for membership of a professional landlord association and a 10% discount for a landlord accreditation with a recognised scheme.

The full fee can be paid at the time of application, or the first part of the fee (application), can be paid for the processing of the HMO application.

The remainder of the fee (maintenance) will be payable once the licence has been approved.

If the full fee is paid and the HMO licence is not granted, a refund will be given for the 'maintenance' part of the fee.

What happens next?

After your completed application has been submitted, we will acknowledge its receipt. We may then consult with the fire brigade, your mortgage or finance company (if you have one) and anyone else who has an interest in the property.

If we consider the property is suitable, and that the person who will be holding the licence is 'fit and proper' and competent to manage the property, we will issue a Notice of Intention along with a draft of the licence to those who have an interest in the property. With the risk based scheme, this will include the period we are intending to grant the licence for and the reasons why. There will be conditions attached which will have to be met. Please read these carefully as once the licence is issued, these conditions will be legally binding. If all parties find the draft acceptable, the licence will be issued.  

There is a penalty for late or incomplete applications which is £175.

Cancelled licence application (to cover aborted work on processing the application) is £175.

Are there any penalties?

It is an offence if the landlord or person in control of the property:

• operates a licensable HMO without a licence
• allows a property to be occupied by more people than is specified on the licence
• fails to comply with any of the conditions of the licence

Any of the above offences may result in a prosecution with unlimited fines or the Council revoking the licence and taking over the management of the property.

The Council or the tenants may also apply to have any rent paid back under Rent Repayment Order for up to the previous twelve months if it is an unlicensed HMO.

Please note that the Government has brought in a law which allows Local Authorities to impose civil penalties of up to £30,000 per offence for any of the above contraventions. These  penalties can also apply to offences under the regulations relating to the management of HMOs.

Tacit consent

The Council will process your application as soon as possible, and in the interim you can continue to operate your property as an HMO. This does not mean that tacit consent has been granted. To check the progress of your application please contact us on the contact details given.

Public register

Spelthorne Borough Council has a legal duty to hold a public register of all the HMOs it has licensed. Some basic details of the register are detailed here 

. You can view the full register which is held at the Council Offices by contacting  the Residential Team in Environmental Health. 

Report it

Do you know of an HMO without a licence? You can report it by completing the report an HMO form or contacting the Residential Team in Environmental Health. Please note that you do not have to give your details.

HMO Online Reporting Form