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I've just been reading through the local council website and was surprised to find the following exemption for HMO licencing:
where the basement is in commercial use and there are only two residential storeys above
I don't intend to have a property that requires an HMO licence, but as I have just purchased a commercial unit with a 2 storey residential unit above I'm curious to know if this exemption is still valid?
It would be open to a council to have such an exemption from their own additional licensing scheme but not from a licensing scheme that operated nationally on a mandatory basis.In Wales, properties of three storeys or more with 5 or more occupiers need a licence and this exemption could not apply in those cases
do I take that to mean that a shop (in Cardiff) with 2 storeys above, let to 4 persons would fall outside mandatory or additional mandatory guidelines?
Cardiff isn't in the Vale of Glamorgan so Gary's link is irrelevant.
From https://www.legislation.gov.uk/wsi/2006/1...cle/3/made, the shop counts as a storey of the HMO so you have 3 storeys in your HMO (but this is irrelevant in Cardiff until you move a 5th person in).
If you HMO is in the Cathays or Plasnewydd areas you will need a licence under the additional licecing schemes. https://www.cardiff.gov.uk/ENG/Business/L...fault.aspx
Reading your link it refers to licence required for 3 floors or more. That was removed in October last year and that is probably why they previously would consider exempting it. If the basement was commercial it would leave only 2 floors. As this restriction has been removed it's unlikely to be current and you would need a licence.
I believe the '3 floors' was only removed in England, but I'm not sure about the rest of the UK. Things are slightly different in Wales and it still applies.
I don't intend to own an HMO, but I hadn't seen this commercial exemption before.
Hi. I have just purchased a property of 6 bedrooms and baths over 3 floors which is a HMO. However reading about the new licenses, I am concerned that the letting agent hasn’t advised me about this? The property is let to Mears Housing and so is this their responsibility or mine?
Both you and Mears could be taken to court for not licencing. The new licences are irrelevant to you as 6 people over 3 stories has required a licence since 2006.
I would recommend talking to Mears and getting an application in this week. Does your contract with them allow them to sub-let to individuals? If so I would expect you to pay for the licence/improvements.