HMO
What happens if my HMO does not meet standards?
Last updated 7 July 2026 · Reviewed by Nick Thorpe, founder
The short answer
If your HMO falls short of standards, the council can serve an improvement notice, add or vary licence conditions, revoke the licence, issue a civil penalty, or prosecute in serious cases. Tenants can seek a rent repayment order where the property was unlicensed. It is fixable if you audit, prioritise the works, and get licensing current fast.
What “not meeting standards” actually means
An HMO falls short of standards in one of two ways: a hazard under the Housing Health and Safety Rating System (HHSRS), things like damp, cold, faulty wiring or a fire risk, or a breach of the day-to-day duties in the HMO Management Regulations, things like keeping common parts safe, gas and electrics working, bins organised, and the manager’s name and address on display. If the property is licensed, whatever conditions are written into that licence apply on top. Any of these can trigger council action, whether or not you hold a licence at all.
What the council can actually do
The response usually escalates in this order, and most landlords never get past the first two steps.
| Council power | What it means | When it tends to be used |
|---|---|---|
| Improvement notice | Fix a specific hazard by a set deadline | A hazard turns up on inspection, licensed or not |
| Licence conditions varied | Extra requirements added to an existing licence | Standards slip after the licence was granted |
| Licence refused or revoked | You lose the right to run it as a licensed HMO | Failures are ongoing or unaddressed |
| Civil penalty | The council fines you instead of going to court | Breach of licence conditions or management regs; quicker than prosecution |
| Prosecution | A criminal case, with an unlimited fine | Serious, repeated or wilful breaches |
| Rent repayment order | A tenant reclaims up to 12 months’ rent | The property was let without a licence it needed |
A civil penalty is a choice the council makes instead of prosecuting, not a capped version of it. Prosecution itself carries an unlimited fine, so a civil penalty is usually the quicker, cheaper route for everyone, not the softer one.
Rent repayment orders sit at the serious end. They do not attach to a dated kitchen or a missed bin day. They follow licensing offences: if standards slip far enough that a licence gets revoked, lapses, or was never applied for, and the property keeps being let, that is what opens the door to a tenant, or the council, applying for one. Our guide on unlicensed HMOs covers that specific position in more detail.
The path back to compliant
None of this is unusual, and none of it is unfixable if you get on with it.
- Audit the property properly. Go room by room against the HHSRS hazards and the Management Regulations: fire doors and alarms, electrics, gas, damp, room sizes, kitchen and bathroom capacity for the headcount. Our HMO fire safety checklist is the fastest way to check the items inspectors look at first.
- Prioritise by risk, not by cost. Fire and electrical safety come before decor every time. A council inspector cares about a working smoke alarm a great deal more than a tired carpet.
- Get licensing current alongside the works. Apply, renew or vary the licence as needed rather than waiting for the property to be perfect first. Councils generally respond better to a landlord already in the process than one who has gone quiet.
- Document everything. Certificates, invoices, dates, photos before and after. If a council ever asks what you have done and when, you want an answer ready, not a scramble.
Fixable if you face it early
The landlords who end up prosecuted or fined are rarely the ones with a slipped gas safety date. They are the ones who ignored the letters. An improvement notice with a deadline, answered properly and on time, closes the matter in most cases. A notice ignored is what turns into a civil penalty, and a civil penalty ignored is what turns into a court case. If you have taken on a property that is already behind, our guide on taking over a struggling HMO sets out how to triage it without panicking.
Where we fit
We manage HMOs across Huddersfield and beyond, and staying ahead of standards, rather than catching up with them, is most of the job. HMO management covers licensing, inspections, fire safety and the paperwork trail a council wants to see, day to day, so it never gets as far as an improvement notice in the first place. If your HMO already has a letter from the council sitting on the side, call 01484 981717 and we will help you work out what to fix first.
Rules and council enforcement practice change, and this page reflects the position as of mid 2026. We confirm current requirements with the relevant council before taking on or advising on any HMO.
Sources
- GOV.UK: House in multiple occupation licence
- GOV.UK: Housing Health and Safety Rating System, guidance for landlords
- Housing Act 2004 (housing conditions and HMO licensing)
- Housing and Planning Act 2016 (civil penalties and rent repayment orders)
- The Management of Houses in Multiple Occupation (England) Regulations 2006