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HMO Licensing · Mandatory Conditions · Discretionary Conditions · Gas Safety · EICR · Room Sizes · FTT Appeal

HMO Licence Conditions UK 2026 — Mandatory and Discretionary Requirements

HMO licence conditions guide 2026: mandatory conditions imposed by national regulations (annual gas safety check, EICR every 5 years, interlinked smoke and CO alarms, room size maximums); discretionary conditions imposed by local authorities (management plan, refuse, occupancy cap, anti-social behaviour protocol); application to vary conditions (s.68 Housing Act 2004); FTT appeal within 28 days; consequences of breach (unlimited civil penalty, rent repayment order, licence revocation).

12 min readUpdated 6 June 2026Last reviewed: 17 May 2026hmohmo-licensinglicence-conditionseicr

Mandatory HMO licence conditions — national minimum requirements

Schedule 4 Housing Act 2004 and SI 2007/1903 impose mandatory conditions on every HMO licence in England. These cannot be removed or weakened by the local authority.

  • Annual gas safety check: by Gas Safe registered engineer; certificate provided to local authority within 7 days of issue and to each tenant; applies to all gas appliances and flues
  • EICR every 5 years: by registered electrician; unsatisfactory EICR requires remedial work within 28 days and fresh EICR; provide to local authority on request and to tenants within 28 days
  • Interlinked smoke alarms: on every storey where there is living accommodation; interlinked (hard-wired or RF) required in HMOs from 1 October 2022; tested on first day of each new tenancy
  • CO alarms: in every room with a fixed combustion appliance (other than gas cooker); gas boilers and gas fires included from 1 October 2022; interlinked in HMOs; tested on first day of each new tenancy
  • Room size maxima: 6.51 m² minimum for single adult sleeping room; 10.22 m² for double adult sleeping room; 4.64 m² for child under 10; licence specifies maximum occupancy per room
Discretionary conditions: challenge, don't accept

A discretionary condition that reduces occupancy or imposes onerous management requirements can significantly reduce the financial viability of an HMO. Landlords who consider a condition unreasonable should apply to vary it under s.68 HA 2004 or appeal to the FTT within 28 days of the licence grant. Accepting a condition without challenge establishes it as the baseline for the licence renewal.

Compliance record-keeping and breach consequences

Meticulous compliance records are essential for licence renewal and for defending enforcement action.

  • Gas safety certificates: keep for at least 2 years; provide to local authority within 7 days of issue; provide to tenants annually and to new tenants before the tenancy starts
  • EICR reports: keep original plus any EIC/MEIWC for remedial work; provide to local authority on request and to tenants within 28 days
  • Alarm test records: log of smoke and CO alarm tests (date, result, tester name) — test at start of each new tenancy
  • Breach of condition consequences: civil penalty up to £30,000 or criminal prosecution; Rent Repayment Order for up to 12 months' rent; licence revocation under s.70 HA 2004 for persistent breach
  • Vary conditions via s.68 HA 2004 (application to local authority) or FTT appeal within 28 days of licence grant (Schedule 5 HA 2004)

Frequently asked questions

What are the mandatory conditions on an HMO licence?+

Every HMO licence in England must include: annual gas safety check (Gas Safe registered engineer); EICR every 5 years; interlinked smoke alarms on every storey; CO alarms in rooms with fixed combustion appliances; and maximum occupancy per room based on minimum room sizes (6.51 m² single, 10.22 m² double).

Can a landlord appeal against HMO licence conditions?+

Yes. Under Schedule 5 Housing Act 2004, a landlord can appeal to the First-tier Tribunal (Property Chamber) within 28 days of the licence decision to challenge specific conditions. Alternatively, the landlord can apply to the local authority to vary conditions at any time during the licence period under s.68 Housing Act 2004.

What happens if an HMO landlord breaches a licence condition?+

Breach is a criminal offence under s.72(3) Housing Act 2004, subject to a civil penalty up to £30,000 or prosecution. Tenants can apply for a Rent Repayment Order requiring repayment of up to 12 months' rent. Persistent breaches may lead to licence revocation under s.70 Housing Act 2004.

Templates recommended in this guide

ComplianceLS-E-020

Landlord Annual Compliance Checklist

Annual walk-through of every compliance touchpoint: gas, electrical, EPC, smoke/CO, Right-to-Rent, deposit, licensing, database registration.

£19
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