HMO Licence Conditions in England

An HMO licence isn't a blank permission slip. It comes with a set of conditions — some imposed nationally by statute, others added by the council — and breaching any of them is a criminal offence carrying the same penalties as running an unlicensed HMO.

Mandatory Conditions (Set by Statute)

Schedule 4 of the Housing Act 2004, as amended by SI 2018/616, imposes conditions that every licensed HMO in England must meet. The council cannot waive these:

1. Gas safety: If the property has gas appliances, the licence holder must produce a current Gas Safety Certificate (CP12) to the council annually and to each tenant within 28 days of the inspection.
2. Electrical safety: The licence holder must keep electrical appliances and furniture supplied in a safe condition and supply a declaration of safety on demand.
3. Smoke and carbon monoxide alarms: Working smoke alarms must be installed on each storey and kept in proper working order. A carbon monoxide alarm must be fitted in any room with a fixed combustion appliance other than a gas cooker (for example, a gas boiler or solid fuel fire).
4. Minimum room sizes: Each bedroom must meet the statutory floor area minimums — 6.51 m² for a single adult, 10.22 m² for two adults, 4.64 m² for a child under 10.
5. Maximum occupancy: The licence specifies the maximum number of people permitted in each bedroom and in the property overall. The licence holder must not allow more people to occupy the property than the licence permits.
6. Written tenancy terms: Each occupant must receive a written statement of the terms on which they occupy the property.

Discretionary Conditions (Added by the Council)

On top of the mandatory conditions, the council can attach any conditions it considers appropriate for the management, use, and condition of the property. Common discretionary conditions include:

• Fire safety equipment: Fire extinguishers on each storey, fire blankets in kitchens, self-closing FD30S fire doors on all bedrooms and kitchens, and emergency lighting in hallways and stairwells.
• Amenity maintenance: Maintaining bathrooms, kitchens, and shared areas to the council's published amenity standards, including specified bathroom-to-occupant ratios.
• Waste management: Providing adequate internal and external bins, ensuring regular collection, and preventing accumulation of rubbish in gardens or communal areas.
• External maintenance: Keeping the building's exterior, boundary walls, fences, and gardens in good repair.
• Anti-social behaviour scheme: Some councils require the licence holder to have a written anti-social behaviour management plan and to take reasonable steps to address tenant nuisance.
• Tenancy references: Obtaining references for prospective tenants before granting new tenancies.
• Display of licence and contact details: Displaying the licence number and the licence holder's emergency contact details inside the property.

HMO Management Regulations

Separate from the licence conditions, the Management of Houses in Multiple Occupation (England) Regulations 2006 (SI 2006/372) impose ongoing duties on the manager of every HMO — not just licensed ones. These include:

• Maintaining fire escape routes and fire safety equipment
• Keeping water supply and drainage in good working order
• Maintaining the structure, exterior, and communal areas
• Ensuring adequate lighting and ventilation in shared areas
• Providing and maintaining waste disposal facilities

Breaching the management regulations is a strict-liability offence under s.234 of the Housing Act 2004, punishable by civil penalties of up to £40,000 per breach. The council doesn't need to prove intent.

Challenging Licence Conditions

If you believe a condition is unreasonable, you can challenge it. After the council issues a "Minded to Grant" notice with the proposed conditions, you have a statutory 14-day window to submit written representations. The council must consider your representations before issuing the final licence.

If you're still dissatisfied, you can appeal the conditions to the First-tier Tribunal (Property Chamber) within 28 days of the final decision notice. The tribunal can vary or remove conditions it finds unjustified — Portsmouth landlords, for example, successfully challenged blanket conditions that went beyond what the council could reasonably require.

The HMO licensing guide covers the full set of licence conditions alongside the management regulations, so you can audit your property against both before the council's inspection.

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