Advice for tenants living in an unlicensed HMO

Tenants who live in unlicensed Houses in Multiple Occupation are at greater risk of poor practices from rogue landlords and letting agents. The following information is to help and advise tenants.

Your rights to remain in your home

Under the Housing Act 1988, as amended by the Renters' Rights Act 2025, a private tenancy can only be ended by a landlord obtaining a possession order from the court. Landlords can no longer end a tenancy simply by serving a notice. Any landlord who attempts to recover possession without following the correct legal process, or who asks you to leave without a court order, may be committing an offence.

Landlords of unlicensed HMOs face additional restrictions on recovering possession. If your landlord or an agent asks you to leave, threatens eviction, or serves any notice purporting to end your tenancy, contact the Homelessness Prevention Service at the council on 020 7974 4444. They will be able to advise you on your rights and the validity of any notice you receive. Alternatively, find further information at, evicted or at risk of being homeless.

If a temporary exemption notice is in place or a valid HMO licence application has been submitted, the position may differ — please contact the Homelessness Prevention Service for advice.

Rent repayment orders

Operating an unlicensed HMO is a qualifying offence for the purposes of a rent repayment order (RRO). The First-tier Tribunal (Property Chamber) may award an RRO requiring your landlord to repay up to two years' worth of rent. You can apply even if you have moved out of the property, provided the offence occurred within the past two years.

For full guidance on eligibility and how to apply, see: Rent Repayment Orders: guidance for tenants.

Your tenancy

'Sham licences' or 'licences to occupy' are commonly used by landlords and letting agents in unlicensed HMOs in an attempt to get tenants to leave without due process. These may also be called 'flat share agreements' or 'holiday lettings'. Regardless of what any such document says, you may well have a private tenancy with full legal protections. If you are unsure about the nature of your agreement, contact the Homelessness Prevention Service on 020 7974 4444.

Your deposit

Deposits of tenants who live in unlicensed HMOs are frequently not protected or not returned at the end of the tenancy. For more information please see, advice on tenant deposits.

Harassment and illegal eviction

Should you feel physically or verbally threatened or harassed, or find yourself locked out of the property, the landlord or agent may be committing a criminal offence. Please contact the Homelessness Prevention Service for advice. In some instances, you may be advised to call the police. If the threat is not immediate, you can report the matter by dialling 101.

Poor letting agent practices

Poor letting agent practices are also common in unlicensed HMOs. Trading Standards officers within Camden’s Private Sector Housing and Licensing team work to address such practices, including unfair fees and charges, and can be contacted via [email protected].

How Camden Council enforces against unlicensed HMO operators

Enforcement against landlords, letting agents and sub-letters is carried out by Environmental Health Officers (EHOs). The operator of an unlicensed HMO may be prosecuted in court or have a civil penalty notice imposed. Under the Renters' Rights Act 2025, the maximum civil penalty for operating an unlicensed HMO is £40,000. Please note it is not always possible to take formal action in every case.

EHOs will need to gather evidence to prove the property is an unlicensed HMO and may ask you for tenancy agreements, proof of rent payments, identification and photographs, and may ask you to complete a witness statement to assist the investigation.

EHOs may visit unannounced and early in the morning. This is to ensure as many tenants as possible are present and to prevent landlords or agents from altering the building or moving tenants on before the visit.

EHOs will also identify any hazards, such as fire risks, or poor conditions, such as pest infestations, and require your landlord to address them.