What are an HMO landlord's duties once the licence is granted?

Most of an HMO landlord's running duties do not come from the licence. The Management of Houses in Multiple Occupation (England) Regulations 2006 impose seven standing duties on the manager of almost every HMO in England, licensed or not, and breach is a criminal offence. On top sit the licence conditions, including minimum bedroom sizes, and the Fire Safety Order.

Still applying? See our HMO licensing and Article 4 guide.

The 2006 management regulations

They cover every HMO in England except a section 257 converted block of flats, and bind "the manager": the person managing the HMO under section 263(3) of the Housing Act 2004, which, where rent is received through an agent, includes that agent. Neither insulates the other.

Regulation 3 — information to occupiers. Your name, address and any telephone contact number made available to each household and clearly displayed in a prominent position in the HMO.

Regulation 4 — safety measures. Means of escape from fire "kept free from obstruction" and "maintained in good order and repair"; fire-fighting equipment and fire alarms in good working order; escape-route notices clearly visible, unless the HMO has four or fewer occupiers; and a general duty to protect occupiers from injury.

Regulation 5 — water and drainage. Good, clean and working condition, tanks covered, fittings protected from frost.

Regulation 6 — gas and electricity. On written request from the council, 7 days to supply the latest gas appliance test certificate; no unreasonable interruption of either supply. The old regulation 6(3) electrical safety declaration was removed by the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, which replaced it with the EICR.

• Regulation 7 — common parts: entrances, stairs, halls and anything shared by two or more households "maintained in good and clean decorative repair", safe, working and clear of obstruction, plus yards, garden and boundary walls in good order.
• Regulation 8 — living accommodation: each unit and its furniture "in clean condition at the beginning of a person's occupation of it", then structure, fixtures and ventilation kept in good repair.
• Regulation 9 — waste: "sufficient bins or other suitable receptacles" for each household, plus whatever the council's collection service makes necessary.

The offence and the penalty

Section 234(3) of the Housing Act 2004 makes failure to comply an offence, with a defence of "a reasonable excuse for not complying with the regulation". Section 234(5) sets the maximum at level 5 on the standard scale — unlimited, since the £5,000 cap on level 5 fines was lifted. Councils usually take the cheaper route: section 249A lets them impose a financial penalty instead, capped at £40,000 since 1 May 2026, up from £30,000. One penalty per course of conduct, and it bars a conviction for the same conduct.

Fire safety: the Order covers the shared parts

The Order does not apply to "domestic premises", but that means a private dwelling plus appurtenances "not used in common by the occupants of more than one such dwelling". A shared staircase, hallway or kitchen is in scope.

The duty-holder is the responsible person: for premises other than a workplace, "the person who has control of the premises (as occupier or otherwise)" in connection with a trade or business, or else the owner. Article 9 requires "a suitable and sufficient assessment of the risks", recorded and reviewed whenever there is reason to think it is no longer valid. A failure putting someone at risk of death or serious injury is an offence carrying up to two years' imprisonment on indictment.

Alarms: check which regime you are in

If your HMO needs a Part 2 licence, the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 do not apply — licensable HMOs are carved out of their definition of "premises". Your duties sit in the mandatory licence conditions in Schedule 4 to the Housing Act 2004:

• a smoke alarm on each storey with a room used wholly or partly as living accommodation
• a carbon monoxide alarm in any such room containing a fixed combustion appliance other than a gas cooker
• both kept in proper working order, with a declaration to the council on demand as to their condition and positioning

A bathroom or lavatory counts as living accommodation. If the HMO is not licensable, the 2015 Regulations apply, with a 28-day remedial notice and a penalty charge of up to £5,000. Our safety certificates guide covers gas, electrical and EPC dates.

Room sizes are licence conditions

Every Part 2 HMO licence must carry Schedule 4, paragraph 1A's floor-area conditions:

• 6.51 square metres for a room slept in by one person aged over 10
• 10.22 square metres for two persons aged over 10
• 4.64 square metres for one person aged under 10
• a room under 4.64 square metres must not be used as sleeping accommodation at all, and must be notified to the council

Ceiling height under 1.5 metres does not count towards floor area, and the licence states the maximum number who may sleep in each room. Where a breach was not knowingly permitted, the council's notice gives up to 18 months to fix it.

Variation, and changes of manager or owner

Beyond the mandatory Schedule 4 conditions, the council may impose any conditions it considers appropriate on the management, use, occupation, condition and contents of the house, so read yours. A licence may be varied by agreement, or where the council considers there has been "a change of circumstances since the time when the licence was granted", which expressly includes the discovery of new information. The licence holder or a relevant person may apply, or the council may act on its own initiative. A change of managing agent is a change of circumstances: report it and have the licence varied.

On a sale, "a licence may not be transferred to another person" and relates to one HMO only, so the buyer must apply for their own. A licence ends on the holder's death, the house then treated as having a temporary exemption notice for three months.

A running checklist

1. Manager's name, address and phone number displayed in the hall and given to every household.
2. Fire risk assessment recorded, dated and reviewed on any material change.
3. Escape routes walked monthly: nothing stored on them, fire doors closing.
4. Alarms tested on your licence's schedule and on the day a new occupier moves in.
5. Gas record renewed within 12 months and EICR in date, both retrievable within 7 days.
6. Floor areas checked against the licensed occupancy before every re-let.
7. Common parts, yard, walls and bins inspected quarterly, with photographs.
8. Licence expiry diarised six months ahead; changes of manager or owner reported.

Damp and mould duties overlap with regulations 7 and 8, and what a managed HMO service covers is on our fees page.

General information, current at October 2026, and not legal advice. Licence conditions vary between councils; confirm the position for a specific property with your local council or on GOV.UK.

If you would rather someone else held the diary, ring 0161 710 4510 or call at 12–14 Midland Street, Manchester M12 6LB.