HMO tenancy agreement

A written agreement should record who can live where, what rent and bills cover, how deposits are handled, house rules that are lawful, and how the occupation ends. In an HMO you also need clarity on shared spaces, guests, and who is responsible for commons cleaning. Lettings operations: letting options. Referencing: reference process.

Common models:

• One joint agreement for several sharers named together
• Individual agreements per room / per occupier
• Hybrid arrangements that need careful drafting

Each model changes liability for rent, notice, and voids when one person leaves. Choosing between them is a solicitor / adviser decision for your facts — AgentHMO will not pick for you.

Some HMO operators use “licence to occupy” wording for room lets. Whether a document is a tenancy or a licence in law turns on exclusive possession and other factors, not on the title alone. Mis-labelling can create disputes. Instruct a solicitor if you are unsure. Do not download a random PDF and assume it fits every council and every Renters’ Rights Act interaction.

Phase 1 of the Renters’ Rights Act framework took effect on 1 May 2026 (GOV.UK). Possession routes and PRS tenancy mechanics changed for much of the sector. How that maps onto HMO room agreements is a live solicitor question — see Renters’ Rights Act. Do not rely on pre-May-2026 Section 21 habits without fresh advice. PRS Database regional rollout has been announced from 15 Dec 2026 — not yet live as of 28 Oct 2026. Ombudsman mandatory membership timing around 2028 remains not confirmed as commenced.

Where a tenancy deposit is taken and protection rules apply, protect it in an authorised scheme and serve the required information on time (deposit scheme rules). Wrong or late protection creates separate risk from “bad house rules.”

Your HMO licence (if required) sets maximum occupancy and management conditions (HMO licensing guide · when a licence is required). Agreements must not promise more beds than the licence allows. Occupancy planning: room-count calculator. Amenity expectations: space and amenity standards.

Useful schedules often include: room inventory, bills basis, broadband, smoking/vaping rules, guest policy, waste, quiet hours, and how repairs are reported. Keep rules proportionate and non-discriminatory. Furniture expectations: HMO furniture. Management rhythm: property management.

In England, landlords must carry out right to rent checks before allowing adults to occupy (GOV.UK right to rent guidance — confirm live pages). Overview: Right to rent checks in HMOs. The signed agreement does not replace the check.

Buyers of occupied HMOs want a rent schedule, specimen agreements, deposit status and licence match (legal pack checklist · sale with tenants). Messy paperwork discounts going-concern value (going-concern sale).

• Provide a downloadable “standard HMO AST”
• Tell you licence vs tenancy for your house
• Advise on eviction wording
• Replace a solicitor

HMO marketing often bundles utilities and broadband into rent. The agreement should say exactly what is included, any fair-usage caps, and what happens if a tenant uses disproportionate energy. Ambiguous bills clauses create deposit disputes at the end of occupation (HMO deposit protection). If you compare rents to peers, label the bills basis the same way (HMO rent per room).

Photograph every room and the commons at move-in. Attach a signed inventory schedule. Shared houses suffer wear faster; dated evidence is what makes deductions defensible later. Management process: HMO management.

Spell out guest duration limits and ban unauthorised sub-letting or short-term platforms if that is your policy. Unapproved extra adults can breach licence occupancy and right to rent expectations (Right to rent checks in HMOs · HMO maximum occupancy calculator).

Notice and possession rules changed under the Renters’ Rights Act Phase 1 that took effect on 1 May 2026. Template emails from 2023 are unsafe. Use a solicitor or up-to-date professional process for your agreement type and nation (Renters' Rights Act and HMOs). AgentHMO will not draft notices.

If a parent company or guarantor is involved, get the right execution formalities. Guarantor clauses that are unfair or poorly served create false comfort. This is drafting advice territory for your solicitor — not a blog FAQ.

• GOV.UK private renting / tenancy guidance pages (confirm the live path for your agreement type)
• GOV.UK — HMO licence
• GOV.UK — check a tenant’s right to rent
• Your licence conditions and a solicitor for drafting