HMO Landlord Renters' Rights Act Compliance Guide 2026

What Changed for HMO Landlords on 1 May 2026?

The Renters' Rights Act 2026 came into force on 1 May 2026 and fundamentally altered the legal framework for all private landlords in England — HMO landlords included. The key changes affecting HMOs are:

• Section 21 no-fault evictions abolished — you can no longer serve a Section 21 notice to recover possession of an HMO
• All fixed-term ASTs converted to periodic tenancies — every room or whole-property tenancy in an HMO that was fixed-term is now rolling
• Mandatory Information Sheet — must be issued to every individual tenant in your HMO
• New possession grounds — you must use Section 8 grounds to reclaim possession, with different notice periods for each ground
• Awaab's Law extended to private sector — hazardous conditions (damp, mould, structural risk) must be addressed within statutory timeframes
• Rent increase restrictions — landlords may only increase rent once per year via the new Section 13 process

These changes sit on top of — not instead of — existing HMO licensing requirements under the Housing Act 2004. HMO landlords are now operating under two overlapping compliance frameworks.

HMO Licensing in 2026 — Still Mandatory

The Renters' Rights Act did not change HMO licensing requirements. Mandatory HMO licensing continues to apply to any property:

• Occupied by 5 or more people from 2 or more households
• Where residents share facilities such as a bathroom, toilet, or kitchen

Many local councils in England also operate additional licensing schemes (covering smaller HMOs, e.g. 3+ occupants) or selective licensing covering all private rented properties in a designated area. You must check your local council's current licensing requirements, as these vary significantly by borough.

Operating an HMO without the required licence carries a fine of up to £30,000 and can result in a Rent Repayment Order forcing you to return up to 12 months of rent to tenants. It also prevents you from serving certain Section 8 notices during the unlicensed period.

The Mandatory Information Sheet — Per Tenant in an HMO

One of the most commonly misunderstood obligations for HMO landlords: the mandatory Renters' Rights Act Information Sheet must be issued to every individual tenant, not once per property.

In a 6-bed HMO with 6 individual tenancy agreements, you must issue 6 separate Information Sheets. In a whole-property HMO let on a joint tenancy to 4 students, each of the 4 named tenants should receive the document.

The Information Sheet must be provided:

• To all existing tenants — issued to them as soon as practicable after 1 May 2026 if not already done
• To new tenants — at or before the start of their tenancy

Failure to issue the Information Sheet is a civil offence carrying a fine of up to £7,000 per breach. The Information Sheet is available free from gov.uk.

Section 21 Abolished — Using Section 8 in an HMO Context

Section 21 no-fault eviction notices are no longer valid from 1 May 2026. Any Section 21 notice served on or after that date is void. If you served a Section 21 notice before 1 May 2026, you should seek urgent legal advice — its enforceability depends on precise timing and circumstances.

To recover possession of an HMO room or property, you must now serve a Section 8 notice citing one or more statutory grounds. The most relevant grounds for HMO landlords are:

For HMOs, Ground 14 (antisocial behaviour) is particularly important given the shared-living context. Document all incidents carefully. Always seek legal advice before serving a Section 8 notice.

Fire Safety — Enhanced Requirements for HMOs

HMO landlords must comply with enhanced fire safety requirements that go beyond the standard Renters' Rights Act obligations:

• Fire Risk Assessment — mandatory for all HMOs; must be conducted by a competent person and reviewed regularly
• Interlinked fire alarms — required in most licensed HMOs; check your licence conditions
• Fire doors — required on all habitable rooms in many HMO licence conditions
• Emergency lighting — may be required depending on property size and layout
• Fire extinguishers and blankets — typically required in kitchen areas

Your council's HMO licensing conditions will specify the exact fire safety requirements for your property. Failure to meet these can result in licence revocation, fines, and in serious cases, prosecution.

Safety Certificates — HMO Checklist

In addition to fire safety, every HMO landlord must have current:

• Gas Safety Certificate — annual inspection by a Gas Safe registered engineer; must be provided to each tenant within 28 days
• EICR (Electrical Installation Condition Report) — every 5 years; must be provided to each tenant within 28 days of completion. Fine up to £30,000 for non-compliance.
• EPC (Energy Performance Certificate) — minimum Band E; must be provided to each tenant
• Smoke alarms — on every storey; tested at the start of each tenancy
• CO alarms — in every room with a fixed combustion appliance

Awaab's Law — What HMO Landlords Must Do

Awaab's Law was extended to the private rented sector under the Renters' Rights Act 2026. It requires landlords to investigate and repair hazardous conditions within fixed statutory timeframes:

• Emergency hazards (e.g. gas leak, structural collapse risk) — begin repairs within 24 hours
• Urgent hazards (e.g. serious damp and mould) — investigate within 14 days, begin repairs within a further 7 days
• Non-urgent hazards — respond within a reasonable timeframe

HMOs carry a higher risk of damp and mould due to density of occupation and cooking/bathroom activity. Carry out a property condition survey and address any Category 1 or Category 2 hazards before a complaint is made.

Minimum Room Size Requirements

Minimum room sizes are a licensing condition, not a Renters' Rights Act requirement, but they interact with the new tenancy rules. Rooms used as sleeping accommodation in licensed HMOs must meet:

• Single adult — minimum 6.51 m²
• Two adults — minimum 10.22 m²
• Children under 10 — minimum 4.64 m²

Under-size rooms must not be used as sleeping accommodation and cannot be let. With the abolition of fixed-term tenancies, you cannot rely on a lease expiry to resolve an overcrowding or under-size situation — you must use Section 8 grounds.

Your Maximum Fine Exposure — HMO Landlord

An HMO landlord with a portfolio of properties who has not updated their compliance since the Act came into force could face the following cumulative fines:

Action Plan for HMO Landlords — Right Now

1. ✅ Confirm your HMO licence is current and covers the correct number of occupants
2. ✅ Issue the Renters' Rights Act Information Sheet to every individual tenant
3. ✅ Ensure deposits for all rooms are protected in DPS, MyDeposits, or TDS
4. ✅ Check Gas Safety Certificate is current and has been issued to all tenants
5. ✅ Confirm EICR is no older than 5 years and has been issued to all tenants
6. ✅ Carry out a fire risk assessment and ensure all fire safety equipment is in place
7. ✅ Check EPC rating is Band E or above for every room/property
8. ✅ Test smoke alarms on every storey and CO alarms in relevant rooms
9. ✅ Brief yourself on Section 8 possession grounds before you need them

Frequently Asked Questions — HMO and Renters' Rights Act 2026