Brighton Tenant HMO Rights

If you're renting a room or flat in Brighton and Hove and share basic amenities with at least two other people from at least two households, the property meets the basic HMO test — and that gives you specific legal protections that many tenants don't know about.

Your Right to a Licensed Property

Brighton & Hove City Council operates three licensing schemes. If your property falls within scope, your landlord is legally required to hold a valid licence:

• Mandatory HMO licensing (city-wide): properties with 5 or more occupants from 2 or more households sharing basic amenities
• Additional HMO licensing (city-wide): properties with 3–4 occupants from 2+ households sharing basic amenities in a property of 2+ storeys
• Selective licensing (Kemptown, Moulsecoomb & Bevendean, Queens Park, Whitehawk & Marina): all other privately rented properties in those four wards

You can check whether your property is licensed on the council's public property licensing register, which is updated monthly and available on the BHCC website. The register lists the address, licence type, licence holder's name, maximum permitted occupancy and the licence dates.

What Licensed Standards Mean for You

A licensed HMO must meet minimum standards that directly affect your living conditions:

Room sizes. Sleeping rooms for one person aged 10 or over must be at least 6.51 m²; for two people aged 10 or over, at least 10.22 m². A room for one child under 10 must be at least 4.64 m², and a smaller room cannot be used for sleeping accommodation. Any floor area under 1.5 m ceiling height doesn't count. If a room falls below the applicable minimum, the property may breach its licence conditions.

Fire safety. Smoke alarms must be installed on each storey; most HMOs need a fire detection and alarm system, normally Grade D interlinked or Grade A. Carbon monoxide alarms are required in rooms with fixed combustion appliances other than a gas cooker. Fire doors and exit arrangements depend on the property's required precautions; common escape routes must be kept clear and final exits must open from inside without a key.

Kitchen and bathroom ratios. Shared kitchens must meet minimum sizes based on the number of occupants, and the bathroom-to-occupant ratio is specified by the licence — typically 1 bathroom and WC for up to 4 occupants, increasing for higher occupancy.

Regular inspections. Your landlord must inspect the property at least every six months, keep written inspection records and respond to emergency security repairs within 24 hours.

Management information. Contact details for the licence holder, emergency repair numbers and waste collection schedules must be displayed inside the property.

What to Do if You Suspect Unlicensed Operation

If your property doesn't appear on the public register and you believe it should be licensed, you have several options:

Report to the council. Brighton & Hove City Council's Private Sector Housing Team investigates unlicensed operation. Contact them at [email protected] or 01273 293 156.

Apply for a Rent Repayment Order. If your landlord has been operating without a required licence, you can apply directly to the First-tier Tribunal (Property Chamber) for an RRO. For offences committed after 1 May 2026, you can recover up to 24 months of gross rent. You don't need a criminal conviction first — the tribunal makes its own finding.

Possession. Before 1 May 2026, an unlicensed HMO or selectively licensed house could not use Section 21. Section 21 is now abolished for private tenancies; landlords seeking possession must use a valid Section 8 ground and obtain a court order.

Overcrowding and Hazard Complaints

Even in a licensed property, you can complain to the council about overcrowding, dampness, mould, fire safety hazards or other poor conditions. The council inspects under the Housing Health and Safety Rating System (HHSRS) — this is a separate power from licensing and applies to all rented properties regardless of licence status.

If the council identifies serious hazards, it can serve Improvement Notices or Prohibition Orders on the landlord. A licence doesn't protect a landlord from HHSRS enforcement.

Know Your Protections

Understanding these rights puts you in a stronger position when renting in Brighton. Landlords who follow the licensing process properly are more likely to maintain their properties to a decent standard — and the enforcement tools available when they don't are substantial.

For landlords reading this who want to make sure they're on the right side of these obligations, our Brighton & Hove Landlord Licensing guide covers the full compliance process — from working out which licence applies through to application and ongoing conditions.

See more England guides →