HMO (Houses of Multiple Occupancy) Licensing

What is an HMO (House in Multiple Occupation)?

An HMO (House in Multiple Occupation) is a building or property which is rented out to more than 2 people who are not from the same ‘household’ (e.g. family).  There are different types of HMO properties:

Under the Housing Act 2004 an HMO is:

• an entire house or flat occupied by three or more tenants who form two or more households and who share a kitchen, bathroom or toilet
• a building converted entirely into self-contained flats where less than two thirds are in owner occupation and where the conversion did not comply with the 1991 Building Regulations
• a house that has been converted into bedsits or other non-self-contained accommodation and occupied by three or more tenants, forming two or more households and sharing a kitchen, bathroom or toilet
• a converted house which contains one or more flats which are not wholly self-contained, and which is occupied by three or more tenants occupying two or more households
• HMO Legislation
  
  

Certain HMOs within Conwy County Borough Council are required to be licensed. Without an HMO Licence it is illegal for example to rent your property out to tenants or to serve eviction Notices.

An HMO that falls under the Mandatory Licensing Scheme must have a licence if: 

• it has three or more storeys AND
• there are five or more tenants living there AND 
• they form more than one household AND
• they share a facility (bathroom or toilet or kitchen room).
  
  

Under our Additional Licensing Scheme there is a different criteria.  Additional Licensing only applies to buildings within certain areas of Conwy County.

These areas are:

• Colwyn Bay (Glyn and Rhiw Wards only)
• Llandudno and Craig y Don (Gogarth Mostyn, Tudno and Craig y Don)
• Pensarn (Marine Road and South Parade only).
  
  

An HMO in the areas named above must have a licence if: 

• there are three or more tenants living in the building OR 
• they form more than one household, with shared facilities (bathroom and kitchen) or without shared facilities (typically self-contained flats)
• the building does not meet the 1991 Building Regulations

• Less than two thirds of the self-contained flats are owner occupied.

How to apply for an HMO Licence

It is the responsibility of the either of the following to apply for an HMO licence:

• Freeholder
• Head Lessor
• Landlord
• Right to Manage Company
• Manager of the building.

Before you complete the application, please read our frequently asked questions in order to determine if your property is an HMO or not - FAQ's Licensing Billingual

If you have further queries, or are not sure if your building needs to apply for a HMO licence, please email HMOLicensing@conwy.gov.uk

How much does it cost?

HMO licences are typically valid for 5 years from the date of issue. The cost of a licence depends on the type of HMO being licensed (mandatory or additional licensing), and the number of persons, or units in the property.  You will need to apply for a new licence at the end of this period.

Licences are non-transferable - any new owner is required to make a new application. It is the responsibility of the freeholder of the HMO to apply to license the building.

If you already hold an HMO licence which is due to expire, it is your responsibility to approach the Council to renew the licence 2 months before the expiration of the current licence.

The licensing fee is either a one off payment (payable when submitting the application) or you can pay in two installments. The first instalment is payable on submission of the application. You will then be invoiced for the remaining amount on issue of the licence. There is an administration charge for paying by installments.

Payment

Payments can be made by either BACS or credit or debit card. Full details will be enclosed in your application or renewal letter.

The Council charges a fee in order to cover the administration costs of the licence procedure, and the resources to inspect licensable properties. Please note that any late and/or incomplete applications will incur an additional charge of £50 and possible prosecution being brought for failure to apply for a licence.

To contact us about HMO licensing email HMO Licensing.