Guide

Do I need an HMO licence for 3 tenants? (or 4?)

Updated 2026-08-15

Three unrelated tenants make your property an HMO. Whether that HMO needs a licence is a different question, and the answer lives with your council, not in national law.

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The short answer

Not under mandatory licensing. England's mandatory HMO licensing starts at 5 people forming 2 or more households sharing facilities (gov.uk). A house shared by 3 or 4 tenants is still an HMO under the Housing Act 2004, it just is not automatically licensable. It needs a licence only where the local council has designated an additional licensing scheme that covers it.

Why '3 tenants' still matters

It is already an HMO. 3+ people from 2+ households sharing a kitchen or bathroom meets the standard HMO test, so HMO management regulations apply even without a licence.
Additional licensing is common. Many councils, including large parts of London and university cities, run schemes that license smaller HMOs. Schemes start, end and change boundaries, so check the council's current designation, not a forum post.
Selective licensing can catch you anyway. In a designated selective area, every privately rented property needs a licence, HMO or not.
Planning is separate. In Article 4 areas, changing a family house to a small HMO (use class C4) needs planning permission, a different regime from licensing entirely.

How to check for your address

Find your council with gov.uk/find-local-council, then search its site for 'additional licensing' and 'selective licensing'. Councils must publicise designations, and most publish maps of the streets covered. If the property is in scope, apply before the tenancy starts, the penalties for an unlicensed licensable property are the same as for larger HMOs: a civil penalty of up to £40,000 or an unlimited fine, and rent repayment orders of up to two years' rent.

Not sure whether your setup is an HMO at all? Run the checker, it walks the household and sharing tests in order.

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Questions, answered directly

Is 3 tenants an HMO?

Yes, if they form more than one household and share facilities, 3 unrelated sharers with a shared kitchen meet the HMO definition. But it only needs a licence if the council runs an additional licensing scheme covering it; mandatory licensing starts at 5 people.

Do I need an HMO licence for 4 tenants?

Not under mandatory licensing, which starts at 5 people from 2+ households. A 4-sharer HMO needs a licence only where the council has an additional licensing scheme, check your council's current designations.

Sources

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