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Discovered rental doesn't have HMO licence - what are the issues with that?

28 replies

HMOConcerns · 31/07/2023 14:00

...Apart from it's probably illegal obviously.

Just discovered that the house that student daughter and three friends are renting for the coming year does not have an HMO licence. I had let them deal with everything because, well, they're adults, but I don't really blame them for not knowing about/considering this when they signed the rental contract. I've only latterly got involved because there are issues that the Agent is not sorting out.

I only went to see the property recently when I dropped DD off with her stuff, she came back home with me and will move in properly at the beginning of the academic year. I think a couple of the others are moving in now though.

The house is a shit tip. That's ok, most of it is just going to require a lot of elbow grease, although it should have been cleaned before they moved in, but I'm not that concerned. What I am concerned about is safety. So for instance, there are no fire doors anywhere, two of the doors that would be escape routes to outside have keys on the inside to lock them (so if they were locked and key was removed, no one can get out), no fire extinguishers/blankets, none of the furniture has fire safe labels (and frankly just from looking I'd say there's no way they'd meet current regs). Also the gas meter is in a bedroom, the Agent has suggested in order to ensure there is access in emergencies (to turn of gas in event of a leak) that that tenant provides everyone with the key code to their private room!

There's lots of cosmetic issues that the Agent told them would be sorted before they moved in but haven't been and now they have moved in the Agent is pushing back saying they don't need to be done (mould removal in bathrooms, broken cupboards, flaking paint, damaged flooring, broken furniture amongst other things). So basically the Agent is not forthcoming in sorting issues. Lots of these issues weren't really apparent when they viewed the house last year as it was full of other peoples stuff. I have no idea if any of these things would be deemed an impediment to getting an HMO licence but obviously if there are any issues that the Agent/Landlord refuses to sort out then reporting them to the local authority would highlight that there is no HMO licence.

I don't know why there has been no application for HMO, I presume that it's because there's a chance it wouldn't be granted due to over load of HMOs in the local area, or some other reason like it suits the Landlord to avoid scrutiny, but I'm not sure what to do about it. The Agent claims the Landlord will be applying, but:
A. I don't believe them, based on communication from them so far and
B. It was rented out for at least the last year with multiple occupants and no HMO licence so they've been operating for some time without bothering.

I presume if I reported it then there's a chance DD and friends would lose their accommodation if the licence wasn't granted? On the other hand, is it a risk to them if there is no HMO licence?

OP posts:
HMOConcerns · 31/07/2023 21:40

Diospyros · 31/07/2023 21:37

I'm a landlord and former volunteer housing legal rights advisor (not a lawyer), @HMOConcerns. I am also the parent of 2 students and have had exactly this fight on my hands (in London)...

Sorry, I only have time for a very quick google right now but there seems to be quite a bit on HMOs in Cardiff. This has the HMO standards, although I haven't checked for updates:

https://www.srs.wales/Documents/Housing/Fire-Safety-and-Amenity-Standards.pdf

I would also look at planning. It is possible that the landlord also needed planning permission.

Thank you for your help, very much appreciated. I’ll look into this tomorrow, I think there is a possibility that planning permission may have been required. The agent has got very jumpy today….

OP posts:
HMOConcerns · 31/07/2023 22:39

Thank you Diospyros all of your info has been very helpful.

OP posts:
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