HMO Licensing in Middlesbrough: Do You Need One?

If you rent a property to three or more tenants who form two or more separate households, you are almost certainly operating a House in Multiple Occupation — an HMO. And in Middlesbrough, that means you may need a licence. Getting this wrong can result in fines of up to £30,000 per offence, rent repayment orders, and serious reputational damage.
This guide explains what counts as an HMO, when you need a licence in Middlesbrough, what the licensing requirements are, and how to ensure you stay on the right side of the law.
What Is an HMO?
Under the Housing Act 2004, a property is an HMO if:
- It is rented to three or more tenants who form two or more separate households
- The tenants share a toilet, bathroom, or kitchen facilities
A "household" is typically a single person, a couple, or members of the same family living together. Three unrelated friends sharing a house would be three separate households. A couple and two individual tenants would be three households.
Common HMO configurations in Middlesbrough include:
- Student houses near Teesside University in TS1
- Professional house shares in Linthorpe (TS5) and central Middlesbrough
- Larger properties converted into bedsits with shared facilities
- Properties let on a room-by-room basis
If you rent to a family as a single household, regardless of property size, it is not an HMO. The critical factor is multiple households sharing.
Mandatory HMO Licensing
Mandatory licensing applies across England, including Middlesbrough, to any HMO that:
- Houses five or more tenants forming two or more households
- Regardless of the number of storeys
This rule was extended in 2018 to remove the previous requirement that the property must be three or more storeys. So a single-storey bungalow housing five unrelated tenants sharing a kitchen now requires a mandatory HMO licence.
If your property meets these criteria, you must have a licence from Middlesbrough Council. Operating without one is a criminal offence.
Additional Licensing in Middlesbrough
Beyond the mandatory national scheme, local councils can introduce additional licensing that covers smaller HMOs — those with three or four tenants from two or more households. Middlesbrough Council has used its powers to designate certain areas under additional licensing requirements.
You should check directly with Middlesbrough Council's Private Sector Housing team to confirm whether your property falls within a designated area. The council's website provides maps and postcode lookup tools for licensing zones.
Areas with high concentrations of HMOs — particularly around TS1 (town centre and university area) and parts of TS3 — are more likely to be covered by additional licensing schemes.
Selective Licensing (Different from HMO Licensing)
It is important not to confuse HMO licensing with selective licensing. Selective licensing applies to all privately rented properties within a designated area, regardless of whether they are HMOs. Middlesbrough Council operates selective licensing in certain wards.
If your property is both an HMO in a selective licensing area, you may need both licences. Check with the council if you are unsure.
What Are the HMO Licence Requirements?
To obtain and maintain an HMO licence in Middlesbrough, you must meet the following requirements:
Fit and Proper Person Test
The licence holder (and any manager) must pass the fit and proper person test. This means you must not have:
- Unspent convictions for fraud, dishonesty, violence, or drugs
- Convictions for housing or landlord-related offences
- Been refused an HMO licence or had one revoked
- Demonstrated poor management of other properties
Property Standards
The HMO must meet minimum standards for:
Room sizes. Each bedroom used by a single adult must be at least 6.51 square metres. Rooms used by two adults must be at least 10.22 square metres. Rooms for children under 10 must be at least 4.64 square metres. Rooms below these minimums cannot be used as sleeping accommodation.
Kitchen facilities. Adequate kitchen facilities must be provided for the number of occupants. For HMOs with five or more tenants, this typically means sufficient cooker rings, sinks, refrigerator space, and worktop area. The Housing Act provides minimum ratios.
Bathroom and toilet facilities. For every five occupants sharing, there should be at least one bathroom and one separate toilet (or combined bathroom/toilet). Larger HMOs require proportionally more facilities.
Fire safety. HMOs must have adequate fire precautions including:
- Fire doors to kitchens and bedrooms (30-minute fire-rated doors for larger HMOs)
- A fire alarm system (interlinked smoke detectors at minimum; larger HMOs may need a Grade A system)
- Fire extinguishers and fire blankets in kitchens
- Clearly marked escape routes
- Emergency lighting in common areas for larger HMOs
General condition. The property must be in reasonable repair, free from serious hazards under the Housing Health and Safety Rating System (HHSRS), and maintained in a clean condition in all common areas.
Management Regulations
HMO landlords must comply with the Management of Houses in Multiple Occupation Regulations 2006, which require:
- Maintaining the common areas, fixtures, and fittings
- Keeping the property's structure in good repair
- Ensuring adequate water supply and drainage
- Providing sufficient refuse storage
- Maintaining fire safety equipment
Annual Gas Safety Certificate
As with all rental properties, but particularly scrutinised in HMOs.
Electrical Safety (EICR)
A satisfactory Electrical Installation Condition Report is required every five years.
How to Apply for an HMO Licence
Applications are made to Middlesbrough Council's Private Sector Housing team. The process typically involves:
- Completing the application form — available on the council's website or from the housing team directly
- Paying the licence fee — typically £500 to £1,000 for a five-year licence, though fees vary by council and property size
- Providing supporting documents — including floor plans with room measurements, gas safety certificate, EICR, fire risk assessment, and proof of identity
- Council inspection — an officer will usually inspect the property to verify it meets the required standards
- Licence issued with conditions — the licence will specify maximum occupancy numbers and any conditions you must meet
The licence is valid for up to five years. You must apply for renewal before it expires.
Penalties for Non-Compliance
Operating an unlicensed HMO in Middlesbrough carries serious consequences:
Criminal prosecution. Unlimited fines on conviction (magistrates' court) or up to £30,000 per offence as a civil penalty.
Rent Repayment Orders. Tenants can apply to the First-tier Tribunal for repayment of up to 12 months' rent if the property should have been licensed but was not. The local authority can also apply for repayment of any housing benefit paid.
Inability to use Section 21. You cannot serve a valid Section 21 notice to end a tenancy if the property requires a licence and does not have one. This means you cannot use the no-fault eviction process until the licensing situation is resolved.
Reputational damage. Middlesbrough Council publishes details of landlords who have been penalised for licensing offences. This can affect your ability to obtain licences for other properties.
Is an HMO a Good Investment in Middlesbrough?
Despite the additional regulatory burden, HMOs can be highly profitable in Middlesbrough. A four-bedroom HMO in TS1 might generate £1,600 to £2,000 per month in room rents, compared to £550 to £650 if let as a single-household property. The yields are substantially higher, but so are the management demands and compliance requirements.
The key is to go in with full awareness of the rules and the costs. An HMO that is properly licensed, well-managed, and compliant will generate strong returns. One that cuts corners is a liability.
Get Professional HMO Advice
If you own or are considering purchasing an HMO in Middlesbrough, professional management is strongly advisable. At Ascot Knight, we understand the licensing requirements, manage the compliance obligations, and ensure your property meets every standard. Contact us at ascotknight.co.uk or call 01642 043 to discuss your HMO property.