Types of HMO Licensing in Wales (and Cardiff's Context)

There are three main types of HMO licensing that can apply in Wales, and Cardiff Council actively enforces these:

• 1. Mandatory HMO Licensing:

  This applies nationwide to HMOs that meet specific criteria:

  • Occupied by five or more people.
  • Who form two or more separate households.
  • And share basic amenities (like a kitchen, bathroom, or toilet).
  • Regardless of the number of storeys. (Note: While previously linked to three or more storeys, this height requirement has been removed, aligning with broader UK standards. Always confirm the latest guidance from Cardiff Council.)

  If your property in Cardiff meets these criteria, you *must* obtain a mandatory HMO licence from Cardiff Council. Operating without one is a criminal offence.

• 2. Additional HMO Licensing:

  Cardiff Council, like many other local authorities in Wales, has the power to introduce additional licensing schemes for other types of HMOs not covered by mandatory licensing. Given Cardiff's large student population and significant private rented sector, it is common for additional licensing to be in place for:

  • Smaller HMOs (e.g., those with 3 or 4 occupants).
  • HMOs with fewer than the mandatory number of storeys.
  • Specific types of buildings or areas within the city.

  Specifically, Cardiff Council has implemented Additional HMO Licensing in areas such as Cathays and Plasnewydd, which are popular with students and young professionals. These schemes require a licence for HMOs that might not meet the mandatory five-person threshold but still fall within the council's criteria for additional licensing. It's vital to check their official website or contact their housing department directly for the most up-to-date information on areas and property types covered by additional licensing.

• 3. Selective Licensing:

  While not exclusively for HMOs, selective licensing schemes can be introduced by local authorities in specific areas to cover *all* privately rented properties, not just HMOs. This is usually done to address issues such as anti-social behaviour, poor property conditions, or high levels of deprivation in a particular area. Cardiff Council may implement such schemes in specific neighbourhoods.

  Again, you must check with Cardiff Council to see if your property falls within a selective licensing area.

The HMO Licence Application Process with Cardiff Council

Applying for an HMO licence with Cardiff Council typically involves:

• Application Form: Completing a detailed application form provided by Cardiff Council's housing department.
• Fees: Paying an application fee (this varies and should be confirmed directly with Cardiff Council).
• Property Plans: Providing accurate floor plans of the property, indicating room sizes, shared facilities, and fire safety measures.
• Supporting Documents: Submitting copies of all required safety certificates (Gas Safety, EICR, EPC), fire risk assessments, and details of waste management arrangements.
• 'Fit and Proper Person' Test: Cardiff Council will assess whether the proposed licence holder (landlord or manager) and any other relevant persons are 'fit and proper' to manage an HMO. This involves checking for criminal convictions, breaches of housing law, and other relevant conduct.

HMO Licence Conditions in Cardiff

Once granted by Cardiff Council, an HMO licence will come with a set of conditions that landlords must adhere to. These typically cover:

• Property Standards: Ensuring the property meets specific standards for room sizes, kitchen and bathroom facilities, and overall condition, as set by Cardiff Council.
• Fire Safety: Implementing robust fire safety measures, including appropriate fire alarms, fire doors, and clear escape routes, in line with Cardiff Council's specific guidance.
• Waste Management: Providing adequate and hygienic facilities for refuse storage and disposal, often with specific requirements for bin provision and collection in Cardiff.
• Maintenance: Ensuring the property is well-maintained and repairs are carried out promptly.
• Management Arrangements: Stipulating how the HMO will be managed, including regular property inspections and addressing anti-social behaviour.
• Rent Smart Wales: Compliance with Rent Smart Wales registration and licensing is always a condition of an HMO licence in Wales.

Licences are typically granted for five years, after which they must be renewed.

Consequences of Non-Compliance in Cardiff

Operating an unlicensed HMO or breaching licence conditions in Cardiff carries severe penalties, actively enforced by Cardiff Council:

• Criminal Offence: Operating a mandatory licensable HMO without a licence is a criminal offence, punishable by an unlimited fine.
• Financial Penalties: Cardiff Council can issue civil penalties of up to £30,000 as an alternative to prosecution.
• Rent Repayment Orders: Contract Holders can apply to a First-tier Tribunal for a Rent Repayment Order, requiring the landlord to repay up to 12 months' rent.
• Banning Orders: Landlords who commit serious housing offences (including operating an unlicensed HMO) can be issued with a banning order, preventing them from letting or managing properties.
• Inability to Serve Possession Notices: You cannot serve a 'no-fault' (Section 173) possession notice if your HMO is not properly licensed.