Living in a Shared House? Your Legal Rights as a Tenant in an HMO

Renting in a shared house can be exciting, sociable and affordable, but it also comes with its own set of challenges. Unlike renting an entire property on your own, sharing with strangers or even friends brings up questions about responsibility, safety, and legal protections.

If you’re living in what’s legally defined as a House in Multiple Occupation (HMO), your landlord has additional obligations, and you have stronger rights than many tenants realise. This guide explores what counts as an HMO, how your tenancy status affects your protections, and what you can do if problems arise.

What counts as an HMO?

Before you can understand your rights, you need to know whether your home is classed as an HMO. The law draws a distinction between a standard shared house and an HMO, and this classification determines whether your landlord has to meet extra responsibilities. Many tenants don’t realise their house is an HMO — and therefore miss out on protections they’re entitled to.

An HMO is generally defined as:

• Three or more tenants from more than one household sharing facilities
• Five or more tenants (a “large HMO”), which almost always requires a licence
• Smaller HMOs that need a licence if your council has introduced additional licensing

Tenancy types: your rights depend on the agreement

Your tenancy agreement is the foundation of your rights. Whether you’re classed as a tenant, a lodger, or a licensee will make a big difference to what protections you have. Unfortunately, landlords sometimes use the wrong labels to reduce your rights, so it’s important to look beyond the contract title and examine the reality of your living arrangement.

• Assured Shorthold Tenancy (AST): The most common in private rentals, giving you rights to deposit protection, fair eviction procedures, and repairs.
• Licence or Lodger Agreement: More common if you live with your landlord and share facilities. These offer fewer protections, and landlords can usually end them with “reasonable notice.”
• Joint tenancy: All tenants sign the same contract, making everyone equally responsible for the rent and any damage.
• Individual tenancy: You only cover your own rent and room, with shared responsibility for communal areas.

Safety and repairs

One of the main reasons HMOs are tightly regulated is safety. When lots of unrelated people live under one roof, the risks of fire, overcrowding, or poor living conditions increase. That’s why landlords have stricter duties in HMOs than in single lets. These duties are enforced by councils and, if breached, can result in fines or prosecution.

Landlords must ensure:

• Structural repairs and basic facilities (heating, plumbing, electrics) are safe
• Fire safety standards are met, with smoke alarms, fire doors, and escape routes
• Annual gas safety checks are carried out and certificates shared
• Electrical inspections (EICRs) are done at least every five years
• The property has adequate kitchens, bathrooms and toilets for the number of tenants
• Bedrooms meet minimum size requirements (6.51m² for one adult, 10.22m² for two adults)

Check out our guide to making repairs to find out who is responsible for what in a rented home.

Deposits and money disputes

Money is often the biggest cause of disputes in shared housing, especially when multiple tenants are involved. That’s why the law provides specific protections for deposits and limits on what landlords can charge or deduct. Knowing how these rules work can save you hundreds of pounds at the end of your tenancy.

Key points to remember:

• Deposits must be protected in a government-approved scheme within 30 days of payment
• You must receive written information on where and how your deposit is held
• In joint tenancies, one deposit covers the whole property, so one tenant’s actions can affect everyone
• In individual tenancies, your deposit usually applies only to your room and your share of communal areas
• Disputes can be resolved for free through the deposit scheme’s arbitration service

Rent increases

Affordability is a real concern in shared housing, and rent rises can create serious tension between tenants and landlords. Rent increases are regulated, and landlords cannot raise the rent whenever they like — certain procedures must be followed.

• During a fixed-term tenancy, rent can only go up if your contract allows it
• In a rolling tenancy, landlords must serve a formal Section 13 notice
• Unfair rent increases can be challenged at a tribunal

• If your landlord hasn’t licensed the property as an HMO when required, you may be entitled to reclaim rent through a Rent Repayment Order

   

Privacy and eviction

Even when living in shared housing, tenants are entitled to privacy and security. Landlords must respect your personal space and cannot remove you from the property without following strict legal procedures.

• Your landlord should give at least 24 hours’ notice before entering your room (except in emergencies)
• AST tenants can only be evicted using either:
  • Section 21 (no-fault eviction): Requires two months’ notice and a court order (Shelter guide)
  • Section 8 eviction: For breaches such as rent arrears, also requiring a court order (Shelter guide)
• Lodgers typically have fewer protections and can be asked to leave with “reasonable notice”

When things go wrong

Unfortunately, problems in shared houses are common, whether it’s overdue repairs, unfair deposit deductions, or poor treatment by landlords. The good news is that there are clear steps you can take to assert your rights and get help.

Here’s how to act:

1. Write to your landlord — put all complaints in writing and keep dated copies
2. Escalate to the council — housing or environmental health teams can inspect and issue enforcement notices
3. Use the deposit scheme’s dispute process if deductions are unfair
4. Challenge rent increases at a tribunal if they seem unreasonable
5. Apply for a Rent Repayment Order if your landlord has failed to licence the property

Real-world scenarios

To make these rules more practical, let’s look at some examples of what tenants in HMOs face:

• A group of eight students sharing one bathroom may be living in conditions that breach HMO standards. The council could force the landlord to add extra facilities.
• A tenant who discovers their five-person house share isn’t licensed could be entitled to reclaim up to 12 months’ rent through a tribunal.
• If a housemate damages communal furniture under a joint tenancy, all tenants risk losing part of their deposit. With an individual tenancy, the landlord must prove who was responsible.
• Faulty wiring or flickering lights should prompt tenants to demand a copy of the property’s electrical inspection certificate (EICR)

Staying up to date

Housing law is not static. Over the last decade, rules for HMOs have tightened considerably, with new minimum bedroom sizes, tougher fire safety standards, and greater enforcement by local councils. Looking ahead, reforms like the proposed Renters’ Rights Bill aim to abolish “no-fault” evictions and strengthen tenant protections even further.

Conclusion

Living in a shared house or HMO doesn’t mean giving up your rights. In fact, because of the additional rules surrounding HMOs, you may be more protected than tenants in single lets. By understanding your tenancy type, knowing what standards landlords must meet, and being proactive when problems arise, you can ensure your housing is safe, fair, and lawful.

The law is on your side — and with resources like Marks Out of Tenancy, Shelter, and Citizens Advice, you’ll never have to face housing issues alone.