What is the minimum bedroom size for HMO properties?

A large HMO is a property rented to five or more tenants from multiple households. In this type of property, some or all tenants share toilets, bathrooms, or kitchens, and at least one tenant pays rent.

If you are renting from a large HMO, it will need a license. In 2018, compulsory HMO licensing was extended to cover properties of all sizes, not just those of three storeys or more. At the same time, a minimum size for a room and limits on overcrowding were introduced.

The minimum room size for approved HMOs is as follows:

Learn more: A guide to HMOs for landlords

HMO room size requirements: what else do you need to know?

If a room in the HMO is less than 4.64 square meters you must notify your local housing authority. At the same time, you must ensure that no room with an area of ​​less than 4.64 square meters is used as a bedroom.

The government states that when measuring rooms, you must include the entire floor space, from wall to wall, where the ceiling exceeds 1.5 meters. If part of a room has a ceiling of less than 1.5 meters, this area cannot be included in the measurement.

Overcrowding – is there a maximum number of occupants for HMOs?

HMO regulations were introduced to prevent “opportunistic and rogue landlords” from exploiting vulnerable tenants in unsanitary and overcrowded accommodation which is potentially unsafe.

As well as extending compulsory licensing and introducing minimum bedroom sizes, the government has introduced rules on the number of tenants allowed in an HMO property.

Each permit specifies a maximum number of people who can live in each room for the following criteria:

• a room used by people over 10 years old
• a room used by people under 10 years old
• a room used by people over 10 years old and under 10 years old

For example, an HMO license might state a maximum per room of two tenants aged over 10 years, three tenants aged under 10 years and two tenants aged over 10 years and under 10 years old.

HMO requirements – which properties do the rules apply to?

Any HMO which has obtained a compulsory or additional license since 1 October 2018 must comply with the minimum room size and maximum number of occupants.

If your HMO property was licensed before October 2018, is licensed under a selective licensing scheme or does not need to be licensed, you may not have to follow these rules.

However, it is likely that your local authority will have its own regulations regarding minimum space or maximum occupancy that you will need to adhere to.

The minimum room size and maximum number of occupants set by local authorities are often higher than national standards. So it’s worth checking their website or speaking to the accommodation team.

Why it is important to consider the living conditions of tenants

The regulations above include absolute minimum sizes, so even if your rooms don’t break the rules, they might not be suitable for tenants.

For example, a room with a kitchen will need to be larger than a room in a large shared house with a shared kitchen. And rooms for adults will need to be significantly larger than those used by children.

If your rooms are as big as possible and you don’t have too many tenants in one HMO, the chances of having happy tenants who stay long term are higher.

A more spacious, less cluttered property is also less likely to suffer damage or serious maintenance issues.

Learn more: Landlord Responsibilities – A Guide to Property Maintenance and Repair

Respect the size of the rooms and the number of occupants

You could be breaking the rules if you knowingly allow more people to live in the property than the maximum number stated on the permit, or if you allow people to sleep in rooms smaller than the minimum standard.

If you are found to have knowingly broken the rules, you could have up to 18 months to make changes to the property and meet the minimum standards.

It’s possible to unknowingly break the rules – for example, if a tenant sublets without your permission and overcrowds the property or doesn’t meet minimum size standards. If something like this happens, local authorities will decide whether you knowingly broke the rules.

During this time, the rules are not affected by temporary arrangements, such as a tenant asking someone to stay for a few nights.

Depending on your local authority, there may be additional rules to follow to let an HMO comply. It is also important to respect the Fitness for Human Habitation Actwhich was introduced in 2019.

What happens if you don’t meet HMO requirements?

If you break the minimum room size or occupancy rules, you are in breach of your HMO license and could be prosecuted. If you are found guilty, you could be fined indefinitely.

As an alternative to prosecution, your local authority could fine you up to £30,000.

Do you have any unanswered questions about minimum room sizes for HMO properties? Let us know in the comments below.

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