The word licence can refer to permission for a landlord to operate an HMO, or to a particular kind of occupation arrangement. Those meanings should not be confused. A council-issued HMO licence does not, by itself, tell a resident whether their own agreement is a tenancy or a licence to occupy.
Separate the documents
Identify the council licensing record and the agreement between the occupier and landlord. Note what each document concerns, who issued it and the address involved. A building-management certificate should not be substituted for the resident’s contract when discussing their rights.
Establish the living arrangement
The practical facts matter, including whether the landlord lives in the accommodation and what space the occupier has. GOV.UK’s assured-periodic guide explains that sharing a bathroom or kitchen with other tenants does not automatically prevent an assured periodic tenancy. Other occupation types have different conditions.
Do not rely on the heading
A document called a licence or an old assured-shorthold template may need examination against the actual circumstances and current law. Ask a qualified housing adviser about status rather than changing a heading to obtain a preferred result. Keep any explanation and relevant correspondence with the agreement.
Check the building separately
Confirm the applicable HMO licensing and management requirements with the council. The number and household arrangements of occupants can be relevant, and local schemes may add requirements. A resident having a tenancy does not establish that the landlord has obtained every required permission.
Use the right advice route
When raising a question, explain whether it concerns licensing, a repair, rent or the right to remain. Provide the relevant document and the facts of occupation. This makes it easier for a council or adviser to address the issue rather than answer a different question about the same building.
This editorial guide concerns England and does not classify an individual agreement or certify an HMO. Lodgers, supported accommodation and other arrangements require separate analysis, as do properties elsewhere in the UK. Reviewed 30 October 2026.
Source and further reading: https://www.gov.uk/assured-periodic-tenancies-tenants