10 minute read
Key points
- A mandatory HMO licence applies when five or more people from two or more households share a home.
- The test counts people, not rooms, so a couple in one bedroom can take a four bedroom house to five.
- Licensed HMO bedrooms need 6.51 square metres for one person over 10 and 10.22 for two, and floor under a 1.5 metre ceiling does not count.
- Unlicensed HMOs risk civil penalties of up to £40,000 and rent repayment orders.
- The owner pays council tax on an HMO, and planning permission under Article 4 is a separate step.
This guide is for Tameside landlords thinking about a house share or already running one in Ashton-under-Lyne, Stalybridge, Hyde or nearby. It follows Tameside Council's rules, with a short note on Bury for Radcliffe and Whitefield. We are a letting agent that runs HMOs ourselves.
What counts as an HMO in Tameside?
A house in multiple occupation (HMO) is a home where three or more people from two or more households share a kitchen, bathroom or toilet. That is the definition in section 254 of the Housing Act 2004, and it applies in Ashton-under-Lyne, Stalybridge, Hyde and the rest of Tameside exactly as it does elsewhere in England.
A household is one person, or people who live together as a family, such as a couple or relatives. Five unrelated friends are five households. A couple counts as one.
What the terms mean
Two sharers are not an HMO, because the test starts at three people. Each room let separately in an HMO is its own assured periodic tenancy, so there are no fixed terms to plan around.
Do I need an HMO licence in Tameside? The five person rule
A mandatory HMO licence is needed when five or more people from two or more households live in the property as an HMO. Tameside Council issues it. The test is the number of people, not the number of bedrooms.
That is why the HMO licence five people line catches landlords out. A four bedroom house with a couple in one room has five occupants, so it needs a licence even though it has only four rooms.
Three or four sharers do not need a mandatory licence, but it is still an HMO and the Management Regulations apply in full.
When we last checked on 26 October 2026, the Tameside Council website did not show an additional or selective licensing scheme for smaller shared houses. We have not been able to confirm that none exists, so ask the council's Housing Standards team before you let.
Does my house need a licence? Worked examples
Ask three questions in order. How many people live there? How many households do they form? Do they share a kitchen, bathroom or toilet? Here is how that works for four typical households. A family of four is one household, so it is never an HMO. Five unrelated professionals meet the five person test before they move in.
| Who lives there | People | Households | HMO? | Mandatory licence? |
|---|---|---|---|---|
| A family of four | 4 | 1 | No | No |
| Four unrelated professionals | 4 | 4 | Yes | No, but the Management Regulations apply |
| Five unrelated professionals | 5 | 5 | Yes | Yes |
| A couple plus three lodgers | 5 | 4 | Yes | Yes on this test, confirm with the council |
A couple plus three lodgers
The couple count as one household and each lodger is another, which makes four households and five people. On the definitions we use, that is a licensable HMO. Resident landlord cases can have extra detail, so confirm the position with Tameside Council before you rely on it.
What changes the answer later
A fifth person moving in changes the answer overnight. In our own four room houses we never allow a second person to share a room, because that would take us to five.
What are the minimum room sizes for a licensed HMO?
Licensed HMOs must meet national minimum sleeping room sizes, set by the Licensing of Houses in Multiple Occupation (Minimum Sleeping Room Sizes) Order 2018.
| Who sleeps in the room | Minimum floor area |
|---|---|
| One person over 10 | 6.51 m² |
| Two people | 10.22 m² |
| A child under 10 | 4.64 m² |
Floor area where the ceiling is lower than 1.5 metres does not count. Measure what is usable, not the whole floor.
Example 1: a sloping ceiling
A bedroom is 3.0 m by 3.0 m, which is 9.00 m². A strip 1.0 m wide along one wall sits under a ceiling lower than 1.5 m. That strip is 3.0 m by 1.0 m, or 3.00 m². The usable area is 9.00 minus 3.00, which is 6.00 m². That is below 6.51, so it cannot be let as a single room in a licensed HMO.
Example 2: a loft room
A loft room is 4.0 m by 3.0 m, or 12.00 m². A strip 4.0 m by 1.2 m is below 1.5 m, which is 4.80 m². That leaves 7.20 m², enough for one person but well short of 10.22 for two.
What do the HMO Management Regulations require?
The Management Regulations 2006 apply to every HMO, including the three and four person houses that do not need a licence. In summary, as a manager you must do the following.
- Show who manages it. Give occupiers the manager's details and display them.
- Manage fire safety. Keep a written fire risk assessment up to date and reviewed, keep escape routes clear, and keep alarms and equipment working.
- Keep services safe. Water, drainage, gas and electrics must be safe, and the gas safety certificate goes to the council within 7 days of a request.
- Keep shared areas in repair. Common parts and installations must be clean and in good order.
- Prepare each room. Rooms must be clean and in repair at each new occupation.
Alarm servicing in HMOs is normally every six months, through licence conditions. Our HMO fire safety guide covers the fire side in more detail.
What happens if you let an HMO without a licence?
Running a licensable HMO without a licence is an offence. The council can issue a civil penalty of up to £40,000, and tenants can apply for rent repayment orders. An unlicensed HMO can also block a possession claim, because a licence is a precondition where one is needed. See our possession guide.
| Breach | What can follow |
|---|---|
| No licence where one is needed | Offence, civil penalty up to £40,000, rent repayment orders |
| Breaking the Management Regulations | Up to £40,000 |
| Missing electrical report | Up to £40,000 per breach |
| Missing smoke or carbon monoxide alarms | Up to £5,000 |
If the council writes to you about an HMO, take advice from a solicitor.
Who pays council tax on an HMO?
The owner is liable for council tax on an HMO. Since 1 December 2023 an HMO is valued as one property, so the bill comes to you and not to the individual tenants.
Do not tell an HMO tenant to pay it separately. Allow for it in the room rents.
Do you need planning permission as well as a licence?
Yes, often. A licence and planning permission are separate. Since 2 October 2025 an Article 4 Direction has applied across the whole of Tameside, so turning a home into an HMO needs planning permission. The council's HMO supplementary planning document has applied since 29 June 2026.
Planning decides whether the use is acceptable. Licensing covers safety and management. You need both. Read our Article 4 guide for the detail.
Radcliffe and Whitefield: Bury has its own rules
Landlords with houses in Radcliffe or Whitefield deal with Bury Council, not Tameside. Bury has had an immediate Article 4 Direction since 16 July 2026. It is not retrospective, and confirmation is pending. Bury is also consulting on its HMO policy in October 2026. Check the Bury Council HMO licence page for its current position.
Common HMO licence mistakes
- Counting rooms, not people. Four bedrooms can still be five people.
- Letting a room to a couple. A second occupier in a room can take the house over the line.
- Measuring the whole floor. Low ceiling areas under 1.5 m do not count towards room size.
- Converting without planning permission. You need permission and, at five people, a licence.
- Assuming a small HMO has no rules. The Management Regulations apply to all of them.
What to do next: a five step checklist
- Count. Write down how many people will live there and how many households they form.
- Measure. Check every bedroom against the room size table.
- Check planning. Confirm whether the house is lawfully an HMO or needs planning permission under Article 4.
- Ask the council. Confirm licensing with Tameside Council's Housing Standards team before anyone moves in.
- Sort the safety paperwork. Have the fire risk assessment, gas record, electrical report and alarm checks ready first.
The HMO licence and planning checker covers the first questions. This is a summary, not legal advice.
How North Point helps Tameside landlords with HMOs
We own and manage house shares in Tameside, including a licensed six room house on Norman Road, Stalybridge.
Our HMO management service costs 14% of rent collected plus £120 for each room we let. On an example house with five rooms at £500 a month each, rent collected is £2,500, and 14% of that is £350 a month. It includes inventory, check in and an annual Section 13 rent review. Try the landlord fee calculator or see our fees.
As your letting agent, we check the licence, fire safety records and every room's tenancy before we take a house on. We track certificates and book them. Licence applications and any dispute with the council stay with you, and a solicitor handles contested decisions.
If you are planning a conversion, see HMO conversions in Tameside. Our Stalybridge letting agents page and property management in Tameside page cover the wider service.
