If you may be operating an unlicensed HMO, act promptly
If your property may need an HMO licence, do not assume that a shared let is exempt or that another landlord’s position matches yours. Check the licensing position with the relevant local authority as soon as possible, and review the property’s condition and your supporting records at the same time.
The immediate priorities are to:
- confirm how the occupiers and households are arranged;
- ask the council whether a licence is required for that address and arrangement, including any local scheme that may apply;
- identify whether an application, renewal or other action is needed;
- gather tenancy, rent, occupancy, maintenance and safety-related documents; and
- deal with reported disrepair or safety concerns promptly, using suitably qualified help where appropriate.
The consequences can be serious where a required licence is absent. One reported Haringey case resulted in a Rent Repayment Order, following a tribunal finding about an HMO that required a licence. The precise licensing position, enforcement approach and available remedies depend on the facts and the applicable local requirements, so this is not legal advice.
What happened in the reported Haringey case?
A report published on 28 August 2026 described a former tenant who occupied a Muswell Hill flat from May 2023 to May 2024. The flat was occupied by three people from separate households.
According to the report, the First-tier Tribunal found that the flat met the legal definition of an HMO and required a licence throughout that tenancy. It found that no required HMO licence had been obtained and that the landlord had committed an offence by managing an unlicensed HMO.
The report says the tribunal ordered the landlord to repay £7,884.84 in rent, plus £341 in application and hearing fees. This was a case-specific tribunal outcome, not a prediction of what will happen in every shared property or licensing case. Read the reported account: Tenant wins almost £8,000 rent repayment order.
Keep licensing separate from property-condition concerns
The same report described separate concerns about the condition of the property, including mould, fire hazards, a collapsed ceiling, blocked kitchen facilities, exposed pipework, and an alleged lack of basic fire-safety measures such as fire doors and smoke alarms.
Those reported condition issues should not be treated as the same thing as the reported licensing offence. In the account, the tribunal offence was managing an HMO without the required licence. Nevertheless, condition and safety concerns can trigger complaints, inspections and evidence gathering, so they deserve urgent attention in their own right.
A practical review checklist for landlords
Use this as an information-gathering list before speaking to the council or obtaining professional advice.
1. Establish the actual occupation arrangement
Bring together:
- the current tenancy agreement and any renewals or variations;
- names of all occupiers and the dates they moved in or out;
- information showing which occupiers form the same household, where known;
- rent payment records; and
- adverts, application records or correspondence that describe how the property was let.
Avoid relying only on the original plan for the tenancy. The current use of the property may be important, particularly if occupiers have changed over time.
2. Check the council’s licensing position for the address
Contact the relevant local authority and ask clear, address-specific questions. For example:
- Does the current arrangement require an HMO licence?
- Is there a local licensing scheme relevant to this property?
- Is there a licence already recorded for the address, and is it current?
- If a licence may be required, what information does the council need next?
Keep a dated note of the enquiry, the answer received and any documents submitted. Do not assume that a property with three occupiers from separate households will always need a licence; the Haringey case shows that three such occupiers were relevant on its own facts, but it does not establish the answer for every property.
3. Review maintenance and safety evidence
Create a clear file for any reported issue and record what was done. It may include:
- tenant reports, photographs and correspondence;
- inspection notes and dated repair requests;
- contractor reports, invoices and completion evidence;
- records relating to smoke alarms, fire doors or other fire-safety measures where relevant to the property; and
- evidence of follow-up action where work was delayed or incomplete.
If a tenant reports serious disrepair or a potential safety issue, deal with the report rather than merely filing it. Keep a factual chronology: when it was reported, who attended, what was found and what remedial work was completed.
4. Preserve an organised rent and document trail
If there is a dispute or investigation, scattered records make it harder to establish a reliable timeline. Keep tenancy dates, rent records, council correspondence, applications, inspections, repair evidence and costs together for each property.
A landlord-management workflow can help make that review less onerous. You can see how Portfoliq works for an approach to organising property, tenancy, compliance, cost and document information. You can also explore Portfoliq's landlord features when you need a central place to keep those live records. It does not determine whether your HMO needs a licence or provide legal or compliance advice.
If enforcement or a tenant claim is already possible
Do not alter, discard or retrospectively recreate records. Instead, preserve the documents you have, make a dated chronology of events and obtain appropriate independent legal or professional advice for your circumstances.
The reported Haringey outcome is a useful reminder that an unlicensed-HMO allegation can sit alongside evidence about rent, occupation and property condition. A prompt, accurate review of the local licensing position and a well-organised evidence file are more useful than assumptions.
Key takeaway
Renting to several occupiers does not automatically answer the licensing question. But if your local authority says a licence is required, operating without it can expose you to enforcement and, as the reported Haringey case illustrates, a tribunal Rent Repayment Order. Check with the council, address condition concerns promptly and retain a complete property record.
This article is general information for landlords in England, not legal, tax, financial or investment advice.