What is an HMO in Wales?
An HMO is generally a property occupied by people from more than one household who share facilities such as a kitchen, bathroom or toilet. A household may be a single person or members of one family. Examples include a house where several unrelated tenants rent separate bedrooms, or a shared property where rooms are let under separate agreements.
Mandatory licensing normally applies in Wales where an HMO has five or more occupants from two or more households and meets the relevant storey requirement. The local authority decides whether a property requires a licence and may apply additional licensing to other HMOs in its area.[3]
What does an HMO licence cover?
An HMO licence sets conditions for the property and its management. These can cover the number of occupants, room sizes, fire precautions, gas and electrical safety, waste arrangements, shared facilities and the person managing the property. The licence normally identifies the maximum permitted occupancy, so a landlord must not overcrowd the home.
- Fire alarms, escape routes and other safety arrangements must be suitable for the property.
- Shared kitchens, bathrooms, heating, plumbing and other facilities should be kept in reasonable repair.
- The landlord or manager must keep required safety documents and management records available for inspection.
- Tenants should be able to use their rooms and shared areas safely, subject to reasonable management rules.
Licensing does not remove ordinary tenancy rights. A licensed HMO can still have disrepair, unlawful entry, harassment, an invalid notice or a dispute about rent. A licence also does not automatically prove that every condition has been met on every day of the tenancy.
Tenant rights in a licensed or unlicensed HMO
Your written occupation contract should explain the rent, deposit, responsibilities and arrangements for ending the contract. Under the Renting Homes (Wales) Act 2016, many Welsh renters have an occupation contract and are called contract-holders. The landlord must provide key information and comply with duties about fitness for human habitation, repairs, written information and notice.
You can ask the landlord or agent for the HMO licence details and the local authority's contact details. You should not be charged for raising a genuine safety or repair concern. Keep paying rent unless you have received reliable legal advice to do something different, because withholding rent can create arrears and weaken your position.
Repairs, safety and access
Report defects in writing and describe how they affect health, safety or daily use. Give reasonable access for agreed inspections and repairs, but a landlord or agent should not enter your room without following the contract and applicable legal requirements, except in a genuine emergency. Contact the council urgently if there is a serious fire, gas, electrical, structural or overcrowding risk.
Privacy and harassment
A landlord or manager must not use threats, force, lock changes, service interruptions or repeated unwanted visits to make you leave. Keep a dated record of incidents and contact the council or police where there is an immediate risk. A landlord must use the correct legal process to recover possession; changing the locks without lawful authority can amount to an unlawful eviction.
What if the HMO is unlicensed?
Start by checking with the local housing authority whether the property should be licensed and whether an application or licence is recorded. You can report suspected overcrowding, missing alarms, dangerous conditions or poor management to the council's private-sector housing or HMO team. Ask for a reference number and keep copies of your report.
If a landlord is operating an HMO that should be licensed but is not, the council may investigate and take enforcement action. In some circumstances, a tenant or former tenant may be able to apply for a rent repayment order for rent paid during an offence period. Eligibility, evidence and time limits matter, so obtain advice before applying.
Challenging an HMO licensing decision
The official tribunal for HMO licensing appeals and related residential property cases in Wales is the Residential Property Tribunal Wales. A person affected by a local authority licensing decision should check the decision letter for the appeal right and deadline. The tribunal's application process is used to challenge matters such as a refusal, licence conditions, licence duration or revocation.
There is no single universal tenant form for every HMO problem. For a licensing appeal, use the Residential Property Tribunal Wales application form for the relevant case type and attach the council decision, licence, occupation contract, photographs and correspondence. For a rent repayment order, use the tribunal's rent repayment order application form if the relevant offence and eligibility requirements are met. The form is used when a tenant seeks repayment after a landlord may have committed a qualifying housing offence; for example, a tenant might attach rent records and a council enforcement letter.
For ordinary repairs, contract terms, rent or possession disputes, the correct route may instead be the local authority, advice service or court. Do not assume that an HMO licensing appeal will decide every tenancy issue.
Evidence to collect
- Keep the occupation contract, licence details, rent payment records and deposit information.
- Save dated photographs or videos of hazards, overcrowding, broken facilities and blocked escape routes.
- Keep copies of repair reports, emails, text messages, inspection records and council reference numbers.
- Write down the names, dates and outcomes of calls with the landlord, agent, council or support service.
Relevant tenancy legislation
The Housing Act 2004 contains the main HMO licensing framework in England and Wales. The Housing Act 1988 can apply to assured and assured shorthold tenancies, while the Rent Act 1977 remains relevant to some protected or regulated tenancies. In Wales, the Renting Homes (Wales) Act 2016 is central to many modern occupation contracts and sets duties that can affect repairs, notices and possession.[4][5][6]
Frequently Asked Questions
- Does every shared house in Wales need an HMO licence?
- No. Mandatory licensing usually depends on the number of occupants, households and storeys, but a local authority may introduce additional licensing for other HMOs.
- Can I report an unsafe or unlicensed HMO?
- Yes. Contact the private-sector housing or HMO team at the local authority where the property is located and provide the address, details of the concern and supporting evidence.
- Can an HMO tenant claim rent back?
- Possibly. A rent repayment order may be available for certain housing offences, but eligibility, evidence and deadlines apply.
- Who hears an appeal about an HMO licence in Wales?
- The Residential Property Tribunal Wales handles relevant appeals and other residential property applications, subject to the applicable rules and deadlines.
How-To
- Collect your occupation contract, rent records, photographs, messages and safety evidence.
- Contact the local authority HMO team to check the licence position and report serious concerns.
- Ask for the council decision or enforcement reference and read any appeal deadline carefully.
- Complete the relevant Residential Property Tribunal Wales application form and attach organised evidence.
- Submit the application within the stated deadline and respond to tribunal directions by the required date.
Help and Support / Resources
- Residential Property Tribunal Wales for relevant appeals and applications.
- Welsh Government guidance on houses in multiple occupation for licensing information.
- Welsh Government Renting Homes guidance for occupation contracts and renter rights.
- Welsh Government housing information for routes to local housing support.
