HMO and the Renters Rights Act: What Changed for HMO Landlords

Running an HMO after 1 May 2026 is more complicated than running a standard buy-to-let. The Renters Rights Act 2025 applies to all private landlords in England, but HMOs have layers that single-tenancy properties do not. More tenants means more notices, more Form 4As, more information sheets, and a possession strategy that needs to work at tenancy level rather than property level.

Here is what changed, what stayed the same, and what every HMO landlord needs to have in order.

Section 8 is the Only Route to Possession

Section 21 notices no longer exist. From 1 May 2026, every possession claim must go through Section 8 of the Housing Act 1988, citing one or more specific grounds.

For HMO landlords, the grounds that come up most often are:

Ground 8 (mandatory, rent arrears): The threshold increased from two months to three months under the RRA. A tenant must owe at least three months' rent (or 13 weeks' if they pay weekly or fortnightly) both at the time the notice is served and at the date of the court hearing. If arrears fall below three months before the hearing, Ground 8 fails. Many landlords also serve notice under Ground 10 alongside it. Ground 10 is discretionary and applies where any rent is unpaid at both stages, so it provides a fallback if the tenant part-pays to avoid the mandatory threshold. Notice period: 4 weeks for both grounds.

Ground 1 (mandatory, landlord or close family moving in): If you or a close family member (parent, grandparent, sibling, child, or grandchild) intend to occupy the property as their only or principal home, Ground 1 is available. The notice period is 4 months. The notice cannot expire within the first 12 months of the tenancy, meaning you may need to give more than 4 months' notice on a recently started tenancy. In an HMO context, this ground applies to the property as a whole; you cannot use it to remove one room tenant while keeping others.

Ground 1A (mandatory, landlord intends to sell): Where you intend to sell with vacant possession, Ground 1A gives you a mandatory right to possession on 4 months' notice. After taking possession on this ground, there are restrictions on re-letting the same property for 12 months. Applies per property, not per room.

Ground 14 (discretionary, anti-social behaviour): No minimum notice period is required. You can apply to court immediately. The court must weigh the severity of the behaviour, how it affects other tenants sharing facilities, and what steps the landlord took to address it. For HMOs, where ASB in one room affects the whole house, Ground 14 is often the most practical tool.

Ground 7A (mandatory, serious ASB with criminal conviction): Also immediate. This is the ground unaffected by the future PRS Database registration requirement, along with Ground 14.

Source: GOV.UK Grounds for Possession guidance [verified July 2026]; legislation.gov.uk Renters' Rights Act 2025 Schedule 1 [verified July 2026].

Joint Tenancy vs Room-by-Room: The Distinction That Matters

How you structured your HMO before May 2026 shapes how the RRA now applies. The two models work very differently.

Joint Tenancy

All occupants are named on a single tenancy agreement. They are jointly and severally liable for the full rent, and each tenant's rights and obligations apply to the whole tenancy.

Post-RRA, key points for joint tenancies:

• Notice to quit: if one joint tenant serves notice to end their periodic tenancy, it brings the whole tenancy to an end for everyone. The other tenants do not get a vote. The landlord must either negotiate a new tenancy with whoever wishes to remain, or take back possession. This was already the legal position, but with fixed terms gone it can now occur at any time once the tenancy has been running for 12 months.
• Rent increases: a single Form 4A covers the whole tenancy. One notice to all joint tenants for the full rent.
• Ground 4A (student HMOs): if you let to full-time students on a joint tenancy, this new mandatory ground allows academic-year possession (see below). It requires every joint tenant to be a full-time student. One non-student means Ground 4A is unavailable for that tenancy.
• Information sheet: one sheet per tenancy, but best practice is to give a copy to each joint tenant individually.

Room-by-Room Tenancies

Each occupant has their own tenancy agreement for their room, with shared facilities. Each tenancy is legally separate.

Post-RRA, the implications are significant:

• Possession: arrears or ASB in one room does not affect the other tenancies. You can pursue one tenant through Section 8 without disturbing the others.
• Notice to quit: one tenant leaving does not end the other tenancies. Useful for managing turnover in a multi-occupancy property.
• Rent increases: each room requires its own Form 4A. A six-room HMO with six individual tenancies requires six separate notices if you want to increase all rents at the same time. Each notice must comply with the 2-month minimum period and the once-per-12-months cap.
• Information sheet: each tenant must receive their own copy.

Neither structure is automatically better. Joint tenancies suit groups who move in together. Room-by-room suits higher-turnover HMOs. The key is knowing which model you are operating under so you apply the rules at the right level.

Source: epcguide.co.uk RRA HMO guide [verified July 2026]; nrla.org.uk Renters' Rights Act FAQs [verified July 2026].

Rent Increases: Form 4A Per Tenancy

Contractual rent review clauses in tenancy agreements became void from 1 May 2026. Whether your tenancy contains a CPI-linked clause, a fixed-percentage annual increase, or any other formula, none of it applies after that date. Section 13 of the Housing Act 1988 is the only route.

The process uses Form 4A (the new prescribed form that replaced Form 4). Requirements:

• Minimum notice: 2 months
• Frequency cap: once per 12 months per tenancy
• Tenant challenge: tenants can apply to the First-tier Tribunal to challenge the proposed rent. The Tribunal cannot set a rent higher than your proposed figure, and can delay the increase by up to 2 months in cases of undue hardship.

For room-by-room HMOs, this means scheduling multiple notices. If you want all rents to rise at the same time, issue all Form 4As on the same day. The notices do not synchronise automatically and you cannot bundle rooms under a single notice.

For joint tenancies, one Form 4A is served on the tenancy as a whole.

Source: GOV.UK Renters' Rights Act overview for landlords; theindependentlandlord.com RRA rent rules [verified July 2026].

The Information Sheet: Scaled by Occupant Count

Every tenant in England had to receive the government's RRA Information Sheet by 31 May 2026. That deadline has now passed. Whether or not you served it on time, it remains in force.

The obligation scales with tenancy count, not property count. A six-room HMO with six individual tenancy agreements required six information sheets served individually. A joint tenancy for the same house required one, though distributing a copy to each occupant is advisable.

Serving late does not erase the penalty exposure for the period of non-compliance, but it does stop ongoing non-compliance and restores access to Ground 1 and Ground 1A for future notices. Non-service invalidates Section 8 Grounds 1 and 1A. For an HMO landlord who might later want to sell with vacant possession, that restriction is a real problem.

Delivery must be a hard copy or a PDF sent as an email attachment to the tenant. A link to the document does not satisfy the requirement. The civil penalty for non-service is up to £7,000 per tenancy.

Source: GOV.UK RRA Information Sheet guidance; theindependentlandlord.com [verified July 2026].

Ground 4A: For Student HMOs Specifically

Ground 4A is a new mandatory possession ground that applies only to HMOs let entirely to full-time students. Its purpose is to allow landlords to regain possession in line with the academic year.

Conditions to use Ground 4A:

• The property must be an HMO with 3 or more bedrooms
• All tenants must be full-time students, or the landlord must have reasonable grounds to believe they will become one
• The notice must give at least 4 months' notice
• The notice must expire between 1 June and 30 September
• The tenancy must not have been agreed more than 6 months before it started (this affects the common practice of pre-Christmas lettings for the following academic year)
• For joint tenancies, all occupants must be full-time students; one non-student makes the ground unavailable

If you let to students on a joint tenancy and one tenant defers or drops out, Ground 4A becomes unavailable for that tenancy. For room-by-room student HMOs, each tenancy is assessed separately.

Student HMO landlords who rely on academic-year possession cycles need to audit their tenancy structure now if they have not already done so.

Source: legislation.gov.uk Renters' Rights Act 2025 Schedule 1; nortonrosefulbright.com RRA student accommodation guide [verified July 2026].

HMO Licensing: Unchanged by the RRA

The RRA does not modify HMO licensing obligations. Mandatory licensing still applies to any property occupied by 5 or more people from 2 or more separate households. Additional licensing schemes (run at council level for smaller HMOs) and selective licensing schemes (covering all rentals in a designated area) continue independently.

Separately, the PRS Database is due to begin a phased rollout in late 2026, adding a national registration obligation on top of both licensing and the RRA. That is a distinct requirement covered in our PRS Database guide.

For a full guide to mandatory, additional, and selective licensing, including fee ranges and the Article 4 Direction interaction, see our HMO licensing guide.

Practical Checklist for HMO Landlords

1. Confirm tenancy structure: establish whether each property operates as a joint tenancy or room-by-room. Different rules apply at different levels.
2. Section 8 only: remove any reliance on Section 21 from your possession strategy. Know which grounds apply to each scenario.
3. Ground 8 threshold: three months' arrears required at notice AND at hearing. Also include Ground 10 in arrears notices as a discretionary fallback.
4. Form 4A process: map out how many tenancies require individual Form 4As for any planned rent increase. Diarise 2-month notice windows.
5. Information sheets: confirm all tenants have received their own copy. Late service reduces ongoing risk; it does not erase past non-compliance.
6. Student HMO structure: if using Ground 4A, verify all tenants are full-time students and the tenancy was not agreed more than 6 months in advance. Room-by-room structures require individual assessment per tenancy.
7. Licensing status: confirm your HMO licence (mandatory or additional) remains in date. Check selective licensing coverage for any properties added to the portfolio.

For a broader RRA compliance overview, see our Section 8 possession guide.

This article is for informational purposes only and does not constitute financial or investment advice. Tax rules and legislation change frequently. Always verify current rates with HMRC or GOV.UK and seek independent professional advice before making investment decisions.