A house in multiple occupation (HMO) exists where three or more unrelated people, forming more than one household, live in a property and share amenities such as a kitchen, bathroom, and/or WC. This can include flats, maisonettes, or houses, and the occupiers might be on a single tenancy agreement or multiple separate agreements.

Note: A "household" is defined under the Housing Act 2004 as members of the same family, including cohabiting couples. For example, a couple living with a friend constitutes an HMO.

You are legally required to have a licence to operate an HMO in the London Borough of Sutton. We currently operate two active licensing schemes:

1. Mandatory Licensing This applies to any property with 5 or more unrelated occupiers, forming more than 1 household and sharing amenities.
2. Additional Licensing (now live) The lead-in period has expired, and the London Borough of Sutton's Additional Licensing Scheme is now fully live and applies to the whole Borough. If your property is an HMO but does not meet the 5-person threshold for Mandatory Licensing, it will now require a licence under this Borough-wide Additional Licensing Scheme.

Exemptions and Special Cases:

  • Resident Landlords: If you live in the property as a resident landlord, you are allowed up to 2 lodgers before your property is legally classed as an HMO. The total number of occupiers always includes the resident landlord and their household.

All HMOs are heavily regulated, particularly by the Housing Act 2004 and The Management of Houses in Multiple Occupation (England) Regulations 2006, which mandate eight specific duties that landlords and managers must follow.

Whether your HMO requires a mandatory or additional licence, all HMOs must meet strict fire and amenity standards. You must ensure:

  • the means of escape in the event of a fire is protected
  • there is early warning in the event of a fire
  • there are sufficient amenities (kitchens, bathrooms) for the number of people living there
  • the property is well-maintained, in good repair, and is not overcrowded

Our Residential Enforcement Team has adopted the LACORS Housing Fire Safety Guidance, and our amenity standards comply with the Housing Act 2004. Additionally, since 1st October 2018, all HMOs must comply with the Government's statutory minimum room sizes, which can be reviewed in our Houses in Multiple Occupation Standards Guidance.

Contact Us

If you are unsure whether your property requires a licence under the new Additional Licensing Scheme, or if you need advice on your legal duties, please contact the Residential Enforcement Team directly: