Houses in Multiple Occupation (HMOs) frequently asked questions

A House in Multiple Occupation, referred to as an HMO, is defined under sections 254 and 257 of the Housing Act 2004. A HMO can be a building or part of a building if it is:

• occupied by persons who form more than one household and where those persons share (or lack) one or more basic amenity, such as a toilet, bathroom and cooking facilities
• a converted building containing one or more units of accommodation that do not consist entirely of self-contained flats. (There is no requirement that the occupiers share facilities).
• a converted building consisting entirely of self-contained flats, where the building work undertaken in connection with the conversion did not comply with the 1991 Building Regulations and more than one third of the flats are occupied under short tenancies.

To be classified as an HMO, the property must be occupied by more than one household:

• as their only or main residence
• as a refuge
• by students during term time
• for another purpose that is described in regulations

and:

• occupation as living accommodation must be the only use of the accommodation
• rents are payable or other considerations are provided.

Under the Housing Act 2004, a household comprises:

• a single person
• co-habiting couples (whether or not of the opposite sex)
• a family (including foster children and children being cared for) and current domestic employees.

Part 2 of the Housing Act 2004 requires Norwich City Council to license certain HMOs in the private rented sector. Licensing was introduced in April 2006 in response to growing national concern regarding the condition and management of the private rented sector, particularly larger HMOs. In October 2018, the definition of HMO requiring a licence was extended by the Secretary of State to include HMOs with five or more occupants.

Licensing is intended to make sure that:

• HMOs are managed by a ‘fit and proper’ person.
• each HMO is suitable for the number occupants living in the building
• the management of the HMO (including repairs, amenities, health and safety) is satisfactory
• high risk HMOs can be identified and targeted for improvement.

When you need a licence

You will require a licence for an HMO when all of the following apply:

• there are shared amenities such as bathrooms, toilets or cooking facilities
• it is occupied by five or more people (including children).

You will not require a licence if:

• the HMO is managed or owned by a housing association, local authority, police, health service or fire authority
• the property only consists of self-contained flats, (although please note that an individual flat will require a licence if it is an HMO in its own right occupied by five or more people)

Every licence issued will have conditions attached. The conditions can vary from property to property but the majority of licenses issued by Norwich City Council will have the following conditions attached covering:

• number of occupiers
• room sizes
• changes to the licensed property or licence holder
• fit and proper person
• fire protection
• electrical installation
• gas supply
• amenities
• furniture and appliances
• appearance
• refuse and waste
• terms of occupation
• anti-social behavior
• Carbon monoxide
• Please find a standard copy of our licence conditions here

The council has to ensure that those responsible for operating the licence and managing the HMO are of sufficient integrity and good character to be involved in the management of the particular residential premises to which the application related and as such they do not pose a risk to the health, safety or welfare of persons occupying and visiting the HMO. 

For further information please refer to the HMO Policy, section 9.10 to 9.25.

In addition to safety regulations, all HMOs (even those which do not need a licence) need to comply with regulations which set basic management standards. These are:

• For HMOs which are converted flats – The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007
   
• For all other HMOs – The Management of Houses in Multiple Occupation (England) Regulations (2006)

These standards include the requirement to take safety measures having regard to the design, structural conditions and number of people in the HMO. Appropriate fire separation and fire detection is required. Please see the council’s fire guidance for information on how you can apply this to your property. The regulations also require the manager to have an electrical inspection carried out at least every 5 years and to produce a certificate on request to the local authority.

It is a criminal offence to breach these regulations. All HMO owners and agents are strongly advised to familiarise themselves with the requirements.

To obtain a licence your HMO will also need to have adequate facilities and space for the number of people it is to be licensed for. Details are set out in our Amenities Standards.

These standards should also be used as guidance for non-licensed HMOs.

If you continue to be in control of a licensable HMO and do not submit an application for a licence you will be committing a criminal offence and could face a civil penalty of up to £30,000 or, if convicted in the magistrates court, an unlimited fine.

Both the council and your tenants may also apply to the residential property tribunal to make a rent repayment order. If a rent repayment order is granted, you would be required to pay back the rent for the period during which the HMO was unlicensed.

You will also be unable to issue your tenants with a notice to quit under Section 21 of the Housing Act 1988 whilst the HMO remains unlicensed.

All new HMOs subject to licensing will be inspected prior to the issuing of a draft licence, to ensure that the HMO is reasonable suitable for occupation by the number of people being requested on the licence application, and to ensure that there are satisfactory management arrangements are in place. 

Properties requiring a renewal of a licence may also need inspection prior to the issuing of a draft licence, where there has not been a recent inspection during the period of the previous licence, or there are outstanding concerns or compliance matters requiring addressing. 

HMOs with 11 or more bedrooms/bedsits will require supplementary information, please submit the application with a few room details and then the team will be in contact with you to gain information for all of the rooms. 

For any enquiries, email hmolicensing@norwich.gov.uk

You will need to complete the online application form, make an online payment for the application fee and submit any supporting evidence that may be required at this stage.

You will need to provide the information about:

• the proposed licence holder
• the proposed manager
• your bank or mortgage company if there is an existing mortgage on the property
• any additional owners or any other interested parties details
• the property itself including
  • the extent of any existing fire precautions
  • the types of soft furnishings
  • the number and type of each room (e.g. how many bedrooms)
  • the size of habitable rooms
  • the number of occupants
  • The number and type of amenities (e.g. baths, cookers etc.)
• The energy rating of the house (from the energy performance certificate) and type of heating
• Servicing information and safety certification for gas appliances, the electrical installation and the fire detection system

Online payment may be made with a debit or credit card. 

Apply for an HMO licence

Fee

The HMO licence application fee is £1,141, split into two parts: 

• £636 payable at the time of application
• £505 payable once your application has been processed (this covers a 5-year licence) 

Please note: the initial £636 is non-refundable if it is determined that the property does not require a licence or if the application is refused. 

Our HMO licensing fees are reviewed annually and have been updated for 2024/25 in line with the Retail Price Index (RPI). The current 2.7% uplift reflects inflationary pressures and ensures the fee continues to support the cost of delivering  a responsive and effective licensing service to customers and the Norwich community.  

The HMO licence fee will vary depending on the length of your licence. This will be determined by the HMO Licensing Administrators and Public Protection Enforcement Team. 

A HMO licence application will cost £636. There will be a follow-up payment before your full licence is issued as follows::

• 5 Year Licence - £505 (£1,141 in total)

By law we are not allowed to make a surplus from the licensing of HMOs but we are able to recoup the cost of running the scheme through a licence fee. These costs include:

• time spent administering the scheme, including processing applications, serving formal notices and taking payments
• inspecting licensed HMOs to ensure that they are free from hazards
• maintaining IT systems
• identifying HMOs that should be licensed but are not

The fee will be reviewed annually and a new fee for the following year set to reflect the actual running costs of the scheme in the previous year.

 A time recording system is used to determine the number of hours that staff spend on HMO licensing activities.

Certain costs are not included in the licence fee. These include:

• enforcement action for failure to license or failure to comply with licence conditions
• enforcement action under Part 1 of the Housing Act 2004 to remedy hazards
• enforcement action for failure to comply with HMO management regulations

Licence renewals are charged at the same rate as an initial licence.

There is no charge for varying an existing HMO licence.

Under the Housing Act 2004, Norwich City Council has the discretion to determine the length of a House in Multiple Occupation (HMO) licence, up to a maximum of five years. 

The council has adopted a policy of issuing all HMO licences for a standard duration of five years, unless there are grounds under the Act to vary or revoke the licence during that period. This approach provides consistency, supports long-term compliance, and reflects the council’s commitment to effective regulation of the private rented sector. 

A licence may be reviewed, varied, or revoked at any point during its term if: 

• There is a breach of licence conditions
• The property ceases to be licensable
• The licence holder is no longer deemed fit and proper
• New information comes to light that would have affected the original decision. 

This is in accordance with sections 69–70 (duration), 85 (variation), and 93 (revocation) of the Housing Act 2004. 

Where serious concerns arise at the point of renewal or during the licence term, for example, in relation to: 

• Property condition
• Management practices
• Licence holder’s conduct

Enforcement action may be taken in line with the council’s Housing Enforcement Policy and relevant statutory guidance. 

If you have any questions or would like further information on how licensing decisions are made, please contact the HMO Licensing Team: hmolicensing@norwich.gov.uk  

You will need to provide the information about:

• The proposed licence holder
• The proposed manager
• Your bank or mortgage company if there is an existing mortgage on the property
• Any additional owners or any other interested parties
• The property itself including
  • The extent of any existing fire precautions
  • The types of soft furnishings
  • The number and type of each room (e.g. how many bedrooms)
  • The size of habitable rooms
  • The number of occupants
  • The number and type of amenities (e.g. baths, cookers etc)
• The energy rating of the house (from the energy performance certificate) and type of heating
• Servicing information and safety certification: Gas Safety Record, Periodic Electrical Installation Condition Report, PAT Certificate, and Fire Detection Safety Certificate certified to BS 5839

If any of this information has not been provided, it will cause a delay in your application

If a renewal application is received after expiry of the previous licence, then the application will be treated as refused and a new licence application will need to be submitted, along with the appropriate fee. 

The cost of renewing your licence will be the same as an initial HMO licence application. 

It is the licence holder’s responsibility to submit a renewal application at the appropriate time. The council may send reminders prior to the expiry of any current licence, but these should not be relied upon to prompt a timely application. 

Upon receiving a valid application, the council will aim to provide a decision as soon as is reasonably practicable. However, each case will require different processes to be completed before issuing a decision and will be dependent on the applicant supplying the required information and necessary payments within timescales, and that no representations are made. Where information or payments are late, or representations made, then this could extend the time it takes to process your application.

It is therefore the council’s aim to process all valid applications and provide the relevant persons with a decision within 20 weeks of receipt. This will require the full co-operation of the applicant with the council’s requirements for determining a licence application. 

Tacit consent does not apply to HMO licence applications. It is in the public interest that we check that the HMO meets the prescribed standards, which may include arranging a full property inspection, before a licence can be granted. 

All new HMOs subject to licensing will be inspected prior to the issuing of a draft licence, to ensure that the HMO is reasonably suitable for occupation by the number of people being requested on the licence application, and to ensure that there are satisfactory management arrangements are in place

Properties requiring a renewal of a licence may also need inspecting prior to the issuing of a draft licence, where there has not been a recent inspection during the period of the previous licence, or there are outstanding concerns or compliance matters requiring addressing. 

All HMOs will also remain subject to further inspections during the lifetime of the licence to check compliance with licence conditions, management responsibilities and minimum standards. Frequency of the inspection will be driven by a risk assessment of all the data relevant to the property and/or licence holder/manager.

In certain cases, the council may decide to carry out such inspections without prior notice being given to the owner, the licence holder and/or manager. This is consistent with the powers set out in Section 239 of the Housing Act 2004.

Where the inspection has been pre-arranged the licence holders, or applicants where applicable, will be required to provide access to all rooms in the HMO at a suitably arranged appointment. 

The Housing Act 2004 requires local authorities to use the Housing Health and Safety Rating System (HHSRS) for assessing the living conditions of a property. When the council’s private sector housing officers inspect a property they will look for any risk of harm to an actual or potential occupier of the property, which results from any deficiency that can cause a hazard.

They will judge the severity of the risk by thinking about the likelihood of an occurrence that could cause harm, and the range of damage and injury that could result. They will make these judgements in relation to those who, mostly based on age, would be most vulnerable to the hazard, even if people in these age groups may not actually be living in the property at the time. This means even a vacant property can be assessed and that if the property is rated as safe for those considered being most vulnerable it will be safe for anyone.

After the inspection, a HHSRS score is calculated which demonstrates the seriousness of hazards that can cause harm in the property. The officers then, taking into account enforcement guidance from the government, determine what action is the most appropriate to remedy the hazard or hazards.

The scoring system for hazards is prescribed by the Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005 No 3208). For more information please refer to the government guidance documents below.

HHSRS Guidance for Landlords and Property Managers

HHSRS Operating Guidance

A category 1 hazard relates to the score from a HHSRS assessment for a particular hazard.  For example, if an officer assessed the hazard of Excess Cold and it scored over 1000 it would be a category 1 hazard and the council must take action to remove or reduce the hazard.  If the score is below 1000 it is a category 2 hazard and the council has discretion as to whether or not to take action.

Yes if during the licensing process the council feels the property does not meet the required conditions or if a landlord or manager fails to meet the ‘fit and proper’ person criteria then the council can: 

• refuse a licence
• grant a licence with conditions
• revoke a licence
• vary a licence
• refuse to vary a licence. 

You may wish to appeal any decision we make in respect of a licence. You must appeal to the Residential Property Tribunal, normally within twenty-eight days by completing residential property tribunal form.

The HMO licence fee will vary depending on the length of your licence. This will be determined by the HMO Licensing Administrators and Public Protection Enforcement Team. 

A HMO licence application will cost £636. There will be a follow-up payment before your full licence is issued for the following:

• 5 Year Licence - £505 (£1,141 in total)

By law we are not allowed to make a surplus from the licensing of HMOs but we are able to recoup the cost of running the scheme through a licence fee. These costs include:

• Time spent administering the scheme, including processing applications, serving formal notices and taking payments
• Inspecting licensed HMOs to ensure that they are free from hazards
• Maintaining IT systems
• Identifying HMOs that should be licensed but are not

The fee will be reviewed annually and a new fee for the following year set to reflect the actual running costs of the scheme in the previous year. A time recording system is used to determine the number of hours that staff spend on the HMO licensing activities. 

Certain costs are not included in the licence fee. These include:

• Enforcement action for failure to licence or failure to comply with licence conditions
• Enforcement action under part 1 of the Housing Act 2004 to remedy hazards
• Enforcement action for failure to comply with HMO management regulations 

Licence renewals are charged at the same rate as an initial licence. 

There is no charge for varying an existing HMO licence. 

If circumstances regarding the HMO change during the licence period, the licence holder must notify the council directly so the licence can be re-assessed and varied if the HMO is considered suitable to accommodate the variation request

The types of change requiring variation to the licence would be:

• There is a change in the number of kitchens (including bedsits) or bathrooms provided
• There is a change to the design or layout of the property
• There is a change of management or ownership
• There is a change of mortgage provider

Similarly, if the HMO is no longer going to be occupied as a HMO or the licence holder changes, then the licence holder must make an application for the licence to be revoked. Any remaining period of the licence will be forfeited and there will be no right to refund of the original payment

Where there is a change of licence holder, there is no facility to transfer the licence to another party. A new licence application must be submitted, and the old licence revoked. 

We do not make a charge for varying an existing licence.

There is no charge for varying an existing HMO licence.

To vary a HMO licence email the private sector housing team with details of the variation.

Yes the licenced HMO will be listed on a register.

View the register

• HMO Licensing Policy
• Norwich City Council Amenities Standards These standards form part of the licence conditions for all licensable HMOs. They also act as guidance for non-licensable HMOs
• Housing Health and Safety Rating System [HHSRS] HHSRS is used for assessing the living conditions of a property. When the council’s private sector housing officers inspect a property they will look for any risk of harm to an actual or potential occupier of the property, which results from any deficiency that can cause a hazard.
• HMO Licence Conditions