Frequently asked questions - Houses in Multiple Occupation

You can complete an online application form or download a hardcopy application form to type or complete by hand.

If you have downloaded an application form you can post it to: HMO Licensing at the Civic Centre, Southampton, SO14 7LY.

For both forms, see apply for a HMO licence.

The number of people who can live in each HMO depends on the number and size of bedrooms.

There may be limits because of the size, number, and location of facilities. This includes bathrooms, toilets, and kitchens.

For guidance, check the HMO standards.

Mandatory licensing covers the whole city. This was introduced on 6 April 2006. The scheme was widened on 1 October 2018.

If you own or manage an HMO occupied by five or more people who form two or more households, you must obtain a licence for the property. There are exemptions to this rule. See the 'Are there any exemptions from HMO licensing?' section.

Anyone who owns or manages an HMO in a designated area must apply to us for a licence. There is currently no additional HMO licensing scheme operating in the city. Proposals are under consideration for a new scheme later in 2025. Please keep an eye out for updates.

The council must issue a licence if it is satisfied that the:

• HMO is reasonably suitable for occupation by the number of occupants/households allowed under the licence
• proposed licence holder is a ‘fit and proper person’ to hold a licence
• proposed licence holder is the most appropriate person to hold the licence
• proposed manager (if there is one) is a 'fit and proper person' to manage the property;
• proposed management arrangements are satisfactory
• person involved in the management of the HMO is competent

You must appoint a manager for your property who meets the fit and proper person criteria.

No. If necessary, the person responsible for the property must apply to us for an HMO licence. This is usually the owner or manager.

A resident landlord or family can have up to two lodgers living in the house. If you have three or more lodgers, the house will require an HMO licence.

Yes. You must have planning permission before you let the house as a new HMO.

You need planning permission to change the use of a property from single to multiple occupation.

On 23 March 2012, we adopted the supplementary planning document (SPD) for HMOs. The document provides supplementary guidance for all parties involved in the planning application process.

The adoption of this document coincided with the Article Four direction becoming effective on 23 March 2012. This has removed permitted development rights to change a family home (C3) into a small HMO (C4). This change of use now requires planning permission.

Our planning section has plenty of information to help you. See apply for HMO.

You can also contact planning.

The licensing scheme is designed to improve housing conditions, and ensure the health and safety of tenants.

Yes, if they are in a licensable area of the city.

You must hold a separate licence for each property that meets the licensing criteria.

The license fees are published at HMO license fees.

No. Licence fees must be paid in full with the licence application.

Normally, the duration depends on the licensing scheme. For:

• Additional licensing scheme (designation three) – Five years from 1 October 2018 to 30 September 2023
• Mandatory licensing scheme – Five years from the date that the license is issued

You may be charged a fee equivalent to the additional costs incurred by us if you fail to:

• Make a valid application
• Provide information requested by us in a timely manner
• Attend pre-arranged appointments

There may also be additional charges for making a change to the licence throughout its duration. These charges are  equivalent to the additional costs incurred by us.

There may also be charges when more than one visit is required to check compliance with licence conditions. Again, these will be equivalent to the additional costs incurred by us.

No. You can apply for the licence to be revoked if you no longer want to operate the property as an HMO. You will not receive a refund.

Where applicable, you have to supply the following:

• A satisfactory domestic electrical installation condition report. It must be dated within five years of the application date
• A satisfactory gas safety certificate dated within twelve months of the application date
• If using an independent HMO surveyor, a completed and signed certificate of compliance. This must be dated within three months of the application date

If subject to mandatory licensing:

• A fire alarm test certificate
• An emergency lighting certificate

All HMOs should have a fire risk assessment in accordance with the current guidance. There are templates available online to carry out your own HMO fire risk assessment.

It does not need to be carried out by a surveyor or consultant.

Hampshire Fire and Rescue Service will not complete this assessment for you.

Further advice about fire safety in HMOs can be found in the safety and standards section.

You can pay online when making your online application.

Licences are legally enforceable and may require changes to the house.

People with a legal interest in the property have a statutory right to know how the HMO licence may affect them. This includes mortgagees and other owners or managers.

There are general conditions relating to the management of the property. Specific conditions may require you to provide additional fire precautions or amenities. Specific requirements for amenities and space can be found in the Guidance on standards for Houses in Multiple Occupation.

You may need to seek Building Regulation approval prior to commencing work. This depends on the work you need to carry out.

The council or an independent HMO surveyor must inspect your property. They will advise what works are required to comply with the standards.

If using an independent HMO surveyor, all works will must be completed. A certificate of compliance must be issued to you.

We can set conditions with the licence to incorporate any areas where the property fails to meet the standards.

Any conditions of the licence would must be complied with in a reasonable time frame.

A person commits an offence under Section 72 of the Housing Act 2004 if he or she is a person having control of or managing an HMO which is required to be licensed under the additional or mandatory licensing schemes but which is not so licensed.

In practice, we allow landlords a reasonable time to apply to license their properties. If we discover a licensable HMO which has not been licensed, the landlord or manager will be allowed to apply for the licence.

Where necessary, we will consider legal proceedings for a failure to licence a HMO in accordance with our enforcement policy. The maximum fine is currently £20,000 on conviction.

You should be aware of the following:

Rent repayment orders

A tenant living in a property that should have been licensed, but was not, can apply to the Residential Property Tribunal to claim back rent. They can claim back rent they have paid during the unlicensed period. This is up to a limit of twelve months.

Councils can also reclaim any housing benefit that has been paid during the time the property was without a licence. This will only apply where the person having control of or managing the HMO (and therefore responsible for licensing the premises), is also the person having control of the dwelling concerned.

Restrictions on termination of tenancies

Tenants living in a property that should have been licensed, but was not, cannot be evicted by serving a Section 21, Housing Act 1988 Notice. This applies until the HMO is licensed or a management order is in place.

This only applies where the person having control of or managing the HMO (and therefore responsible for licensing the premises) is also the person having control of the dwelling concerned.

A breach of any of the licence conditions or HMO management regulations is a criminal offence.

A conviction can result in fines of up to £5,000 per offence.

Section 257 HMOs

These are converted blocks of flats:

• Where building work was completed before 1 June 1992
• Which are dealt with by regulation 20 of the Building Regulations 1991

Buildings controlled or managed by the following

• A local housing authority
• A non-profit registered provider of social housing
• A registered social landlord (Part one Housing Act 1996)
• A Police and Crime Commissioner
• The Mayors office for policing and crime
• A fire and rescue authority
• A health service body (S9 National Health Service Act 2006)
• Co-operative society
• Educational Establishments
• Religious communities

The licence holder is legally responsible for the HMO.

You must inform us when the property is sold.

Your licence will be revoked when the HMO has been sold.

The new owner must apply for a licence and pay a fee to continue operating the property as an HMO.

Licences are not transferable.

Tackling anti-social behaviour is a priority for us. There may be specific licence conditions tailored to individual properties.

These conditions may involve a landlord:

• Reporting persistent anti-social behaviour by persons visiting or occupying the HMO to the police
• Ensuring security arrangements are in place to prevent unauthorised access
• External sensor lighting to discourage such behaviour

Tenancy agreements should contain clauses relating to anti-social behaviour.

Tenants that consistently cause problems are in breach of their tenancy. You can therefore take steps to take possession of your property.

For further advice see our antisocial behaviour pages.

Certain details are required to be held on a public register. These include:

• Address of the HMO
• Name, address and telephone number of the licence holder
• Description of the HMO - number and type of rooms present, amenities and occupant levels
• Any relevant Residential Property Tribunal information

View the public register.

The HMO licence certificate will contain the:

• Council’s logo
• Address of the HMO
• Owner or managers name and address
• Date the licence was issued
• Date the licence will expire

We are not permitted to obtain financial gain from the fees paid through the licensing process.

The fee charged is used to cover the costs associated with administering the mandatory and additional HMO licensing schemes.

You can appeal against a licence refusal or condition.

In the first instance, please contact the officer dealing with your case.

If you are not satisfied with the decision you can apply to the Residential Property Tribunal (RPTS).

We follow the fire safety guidance by Local Authorities Coordinators of Regulatory Services (LACORS) Housing – Fire Safety, Guidance on fire safety provisions for certain types of existing housing.

The council has considered the appropriate fire standards to apply in each HMO. We use the guidance in paragraph:

• 35.2 to describe a Shared House HMO
• 36 to describe a bedsit-type HMO

We use the type of tenancy as a key indicator. For example a:

• Single joint tenancy where an identifiable group of sharers has rented the whole property is considered a shared house HMO
• HMO where individuals, with separate tenancies, let separate rooms, is considered a bedsit-type HMO

If you believe that we should consider your HMO differently, you should submit a risk assessment. This must be a full, fire risk assessment. A competent person must complete the risk assessment. You should send this to the HMO Licensing team. Include an explanation and reasons for the suitability of the alternative standards.