The Renters’ Rights Act and HMOs: Your FAQs

The ways in which the Renters’ Rights Act will impact those of you with HMOs was the topic of our latest member webinar, taking you behind the headlines for a deep dive into the detail of the new legislation. 

With few specific provisions for houses in multiple occupation (HMOs) in the Act, we looked at how can you make sure your tenancies continue to work effectively post 1st May, covering everything from the end of fixed term to dealing with antisocial behaviour and starting new tenancies. 

The webinar was the latest in our fortnightly series, with of you joining our team of experts, with the presentation followed by a live Q&A  allowing you to ask about the issues likely to impact you and your portfolio.  

Here are just a few of the most commonly asked questions – and our responses.

What changes specific to HMOs does the Renters’ Rights Act introduce?

The Act doesn’t make changes to specific HMO requirements like licensing or management regulations. Instead, the act’s fundamental changes such as the end of section 21 notices and abolition of fixed terms will affect the whole sector, some of which are felt more keenly by HMO landlords than those with other types of properties.

What happens if one tenant gives notice?

This will depend on whether you have a joint and severally liable tenancy, or rent your property on a room-by-room basis.  

For joint and severally liable tenancies, one tenant’s notice will end the tenancy for all tenants provided it is given validly. This is the case even if the other tenants don’t want the tenancy to end.  

Landlords should explain this to the other tenants and advise them that they will need to arrange for a new tenancy if they wish to stay in the property. 

If tenants remain in the property at the end of the notice period, and haven’t agreed a replacement tenancy, then the landlord could apply to court for possession on the basis the tenancy has ended.   For a room-only tenancy, the tenant’s notice will only end the tenancy for themselves. The other room rentals are unaffected by a person in a different room handing in their notice.

How should a tenant give valid notice?

Under the Renters’ Rights Act, rules around tenants’ notice will be changed. Tenants will have to give two months minimum notice, unless a shorter period is agreed with their landlord.  

It can be given by any means of written communication meaning that messaging apps like text messages, WhatsApp and Messenger will be valid ways of giving notice.  

It should still end on the first or last day of a notice period in order to be valid. Landlords cannot restrict the method of service but can specify who it should be served to (e.g. to the agent). 

Can I have a blanket ‘no pets’ policy for my HMO?

No. Currently, blanket ‘no pets’ policies are not allowed as per the Consumer Rights Act 2015, and the Renters’ Rights Act does not change this.  

The Act introduces a legal right for a tenant to make a request for a pet, something the landlord ‘cannot unreasonably refuse’.  Whilst the nature of HMO properties means there is higher likelihood of there being a reasonable reason to refuse the pet – for example if another tenant has allergies, or if there isn’t sufficient space – you cannot implement a blanket ban.  

Legally you must consider each request on its own merits.

Join our next webinar

Our next member webinar, on 18th February will focus on starting new tenancies once the Renters’ Rights Act comes into force on May 1st. 

This will include the wording of the new agreements – announced by the Government last month, and how to use them. 
The presentation will be followed by a live Q&A with the session running from 11am – 12pm.  

To register click here, and if you’d like to submit any questions in advance, please email [email protected]

More information

• To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here. 
• To read the latest from the Government on the rules surrounding pets after 1st May click here. 
• We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.  
• The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.