Houses in multiple occupation (HMOs)
If you live in a house or flat which is occupied by more than one household it may be classed as a house in multiple occupation (HMO). ‘Household’ means people who are living together as a family.
If the house or flat is an HMO, your landlord probably has extra legal responsibilities.
Do I live in an HMO?
You may be living in an HMO if you live in a house or flat that is:
- occupied by at least 3 contract holders, forming more than one household, and
- you share a toilet, bathroom or kitchen facilities with other contract holders.
This could include:
- a house split into separate bedsits
- a house or flat- share, where people have separate occupation contracts
- a hostel
- a bed-and-breakfast hotel that is not just for holidays
- students living in shared accommodation (although many halls of residence and other types of student accommodation that are owned by educational establishments are not classed as HMOs).
It is not always easy to work out whether you live in an HMO or not. If you’re not sure, get help.
What responsibilities does the landlord of an HMO have?
The landlord’s most important responsibilities are to ensure that:
- the property is kept in good repair
- the property is kept in a safe condition
- the property is fit to live in
- proper fire safety measures are in place
- annual gas safety checks are carried out
- electrics are checked every 5 years
- the property is not overcrowded.
These rules exist to ensure that people living in HMOs have access to decent facilities, and to reduce the risk of fire. If you are experiencing problems contact the environmental health department of your local council and they may assess your property under The Housing Health Safety Rating System. This aims to ensure that your home doesn’t have any serious hazards, and allows a council to take action against landlords whose properties are dangerous.
You can find out more about repairs if you have a private landlord here.
Does my landlord need a licence?
There are three types of licensing scheme for HMOs in Wales. Licensing schemes are designed to improve the standards of HMOs by placing certain obligations on landlords and agents:
Rent Smart Wales
Any private landlord of a property (including an HMO) must be registered with the Rent Smart Wales scheme.
In addition, whoever does the letting and management of the property must be licensed under the Rent Smart Wales scheme. This might be the landlord, the agent or both (if there is a split of responsibilities for letting and management). To obtain a licence the landlord or agent will need to pay a fee, declare that they are a ‘fit and proper’ person, and attend training about their rights and responsibilities.
A landlord can face penalties, including prosecution, if they are not registered and/or licensed with the scheme.
Many people living in HMOs have a standard occupation contract. If you have a standard occupation contract and your landlord or agent has not registered with the scheme, any possession notice your landlord gives you is not valid.
For more information on the Rent Smart Wales scheme see our page on Landlord registration and licensing.
In addition to complying with the Rent Smart Wales scheme, your landlord must apply to their local council for a licence to rent out your property as an HMO if:
- it is at least three storeys high;
- contains five or more people;
- has 2 or more households living in it;
- contract-holders share toilet, bathroom or kitchen facilities.
The council will decide if a property meets an acceptable standard and is well managed before registering the property as an HMO. Your landlord will need a separate licence for each HMO it owns.
A landlord can be prosecuted and fined for renting out an unlicensed HMO.
If you’re a standard contract-holder and the HMO should be licensed but isn’t, any possession notice your landlord gives you is not valid.
Local councils can also choose to insist that other smaller HMOs in specific areas be licensed.
Check with your local council to find out what the requirements are in your area and if your landlord has registered your home as an HMO.
What can I do if my landlord doesn’t comply?
If you live in an HMO and you think your landlord is not fulfilling her/his responsibilities, contact Rent Smart Wales or your local council. The environmental health department at the council are normally responsible for dealing with complaints about HMOs.
The council can prosecute landlords of HMOs (or any manager they have employed) if they break the law. In extreme cases, the council can take over the management of the property.
Restrictions on eviction
If your landlord should have a licence but doesn’t, they can’t give you a ‘no fault’ notice to end your contract. However they may be able to give you a ‘with grounds’ notice, for example if you are at least 2 months behind with rent.