Can I stop paying rent if my HMO landlord does not have a licence?

No. A missing licence does not cancel your tenancy or the rent. Stopping payment would put you in arrears, which is a ground for possession. Keep paying and keep proof. The route to getting rent back is a rent repayment order from the First-tier Tribunal.

How many people make an HMO that must be licensed?

Everywhere in England, a licence is mandatory if five or more people from more than one household live there and share a kitchen, bathroom or toilet, and at least one pays rent. Your council can also require smaller HMOs, or all rented homes in an area, to be licensed under additional or selective licensing schemes.

How much rent can I get back?

For offences from 1 May 2026, up to 24 months' rent for a period when the landlord was committing the offence, less any universal credit paid towards your rent. The tribunal decides the actual amount after weighing the conduct of both sides, the landlord's finances and any earlier conviction or penalty, so the maximum is not guaranteed.

How long do I have to apply for a rent repayment order?

For offences from 1 May 2026, the offence must have been committed within the two years ending with the day you apply. Where the unlicensed period ended before 1 May 2026, the older 12-month window applies. Apply well before the end of the window.

Can I still apply if I have moved out?

Yes, as long as the offence related to housing that was let to you at the time and you apply within the time limit. The rent you can recover is rent you paid while the house should have been licensed and was not.

My landlord applied for a licence but has not got one yet. Is that still an offence?

Not for the period after a valid application was made and while it is still being dealt with. Section 72(4) of the Housing Act 2004 gives the landlord a defence for that time. Ask the council for the date the application was received, because rent before that date may still count.

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My HMO Landlord Doesn't Have a Licence. What Does That Mean for Me?

If your shared house in England should be licensed and is not, your tenancy still stands, and you may be able to recover up to 24 months'…