Certain types of properties are not classed as HMOs for the purpose of the Housing Act 2004 (other than for the Housing Health and Safety Rating System) and, as a result, are not subject to licensing.
A full list of the exemptions is detailed in Schedule 14 of the Housing Act 2004 (as amended)
The exemptions include:
- Two persons – any building occupied by only two persons in two households
- A property where the landlord and their household lives with up to two lodgers
- Buildings occupied entirely by freeholders or long leaseholders (or 2/3rd occupied in the case of a section 257 HMO)
- Buildings owned or managed by a public body (such as the NHS or police), a local housing authority or a registered social landlord
- A building where the residential accommodation is ancillary to the main use of the building, for example, religious buildings, conference centres etc.
- Student accommodation managed directly by an educational establishment
- Buildings which are already regulated (and where the description of the building is specified in regulations), such as care homes, bail hostels etc. Domestic refuges are not exempt.
- Certain buildings that are controlled or managed by a co-operative society