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  • HMO & Multi-Lets

    HMO Licence exemption above commercial?

    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

    https://www.valeofglamorgan.gov.uk/en/wo...ation.aspx

    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?

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    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

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Hi David

    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?

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    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


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    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.

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    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.

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    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?

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