When Is a Property Not an HMO in Wales?

Shared Housing, HMOs & Lodgers Wales 3 min read · published March 29, 2026 Flag of Wales
Understanding whether your home is an HMO matters for tenants in Wales. Shared houses, license rules, landlord responsibilities and safety standards affect how repairs, deposits and eviction notices work. This guide explains in plain language when a property will not be classed as a house in multiple occupation in Wales, with practical steps tenants can take if they think licensing or safety rules should apply. It covers common situations such as lodgers, self-contained flats, and single households, explains which landlords must hold an HMO licence, and shows how to check local authority records or raise concerns with the First-tier Tribunal. Read on for clear, tenant-focused examples and actions you can take.

What counts as an HMO in Wales?

An HMO is usually a property where people from more than one household live and share basic facilities such as a kitchen or bathroom. Local councils in Wales can set licensing schemes that apply where thresholds are met; always check local licensing rules and the statutory definition to be sure.[1][2]

In most regions, tenants are entitled to basic habitability standards.

When a property is NOT an HMO

  • Only one household lives together (for example a family) so the property is not an HMO.
  • A landlord lives in the same building and rents a single room to a lodger rather than multiple unrelated tenants.
  • Each unit is a self-contained flat occupied by a single household with its own kitchen and bathroom.
  • Only two people share a property and they form a single household (for example a couple).

If you are unsure whether an address should be licensed, contact your local housing authority for confirmation and request any public licence records.

Forms tenants may need

  • HMO licence application (local authority form; no single national form number). Use this when reporting an unlicensed HMO or checking whether the landlord holds a licence; for example, ask the council for the licence record and a copy if you suspect non-compliance.[2]
  • Application to the First-tier Tribunal (Property Chamber) (use the tribunal application guidance and forms). Tenants use this to apply for remedies such as rent repayment orders or to challenge certain landlord actions; for example, apply if a landlord has not complied with licensing or safety duties.[3]
  • Local authority complaint/report forms (varies by council; no national number). Use your council’s reporting form to notify them of suspected unlicensed HMOs or serious hazards; for example, submit photos and dates of hazards when reporting damp or unsafe electrics.[4]
Always keep copies of correspondence and dated photos of issues.
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FAQ

How can I check whether my property is an HMO?
Contact your local council housing or licensing team and ask them to confirm whether the property is licensed; you can also ask the landlord for a copy of any licence and check local register pages.
What if my landlord says the property is not an HMO but I think it is?
Gather evidence about occupancy and shared facilities and report the address to the council for an inspection, or seek advice and consider an application to the First-tier Tribunal if necessary.[3]
Does being a lodger mean I live in an HMO?
Not usually. A lodger sharing a home with a resident landlord is typically not counted as an HMO in the same way as multiple unrelated tenants sharing facilities.

How-To

  1. Work out how many households live at the address by asking who shares cooking and bathroom facilities.
  2. Ask the landlord in writing whether an HMO licence is held and request a copy of the licence or licence number.
  3. Contact your local council housing or licensing team to check public licence records and, if needed, file a complaint with dates and photos.
  4. If informal steps do not resolve the issue, consider applying to the First-tier Tribunal (Property Chamber) or seek advice on a rent repayment order.

Help and Support / Resources

  1. [1] Housing Act 2004, definition and HMO provisions - legislation.gov.uk
  2. [2] Housing (Wales) Act 2014 - legislation.gov.uk
  3. [3] First-tier Tribunal (Property Chamber) guidance - GOV.UK
  4. [4] Rent Smart Wales official guidance and local licensing information

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Emma Clarke
Emma Clarke

UK Housing Rights Researcher, Tenant Rights UK

Emma covers private and social renting across England and Wales, with a strong grounding in the Renters (Reform) Act, Section 21 no-fault evictions, and deposit protection schemes. She has been writing about UK tenant rights and housing policy since 2017.

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