Amenity Standards in Cardiff HMO's
One of the biggest concerns that landlords are likely to have with the implementation of additional licensing in Cathays is the requirements of Cardiff County Council in relation to the provision and requirements of the amenities.
Amenity standards in HMO's vary depending on the level of occupancy and size of dwelling. For a detailed guide on all types of accommodation please see here. Below we have summarised some common types of properties and the main requirements. Please note that this list is not exhaustive and for exact advice we would suggest you contact us on 02920 454555. If you are unsure how your property is classified then please see our HMO definitions page
HMO with three occupants AND two storeys
- One bathroom with W.C (can be separate or enclosed)
- Extractor fan in kitchen
- Kitchen must be 7m2 or greater
- Living room must be 11.5m2 or greater
- Grade D LD2 Alarm system
- 30 minute escape route with FD30 fire doors
- Fire blanket in kitchen
- 30 minute fire separation to the basement
However, where the property is classed as low risk, which amongst other things includes a secondary escape route the following amendments can be made: -
- Escape route can consist of close fitting, solid doors
- FD30 fire door from kitchen to escape route
CPS Homes will be happy to advise clients on specific properties, as these standards are guidelines and not prescriptive.
HMO with three or four occupants AND three storeys
- One bathroom with W.C (can be separate or enclosed)
- Extractor fan in kitchen
- Kitchen must be 7m2 or greater
- Living room must be 11.5m2 or greater
- Grade D LD2 Alarm system
- 30 minute escape route with FD30 fire doors
- Fire blanket in kitchen
- 30 minute fire separation to the basement
- 30 minute fire separation between units of accommodation
Two storey building converted into self contained flats
- 30 minute escape route with FS30S Fire doors, i.e. flat doors
- Well constructed close fitting doors within the flat
- 30 minute separation between each flat and to the basement
- Fire blanket in kitchen
- Grade D LD2 detector to common escape route, linked to a heat detector inside the entrance hallway of each flat, plus an independent Grade D detector giving LD3 coverage
- Fire extinguisher on each floor on the common escape route
Please see our section on additional licensing and S257 HMO's to see if your converted building will be subject to additional licensing
Three or four storey building converted into self contained flats
- 30 minute escape route with FS30S Fire doors, i.e. flat doors
- Well constructed close fitting doors within the flat
- 30 minute separation between each flat and to the basement
- Fire blanket in kitchen
- Grade A LD2 detector to common escape route, linked to a heat detector inside the entrance hallway of each flat, plus an independent Grade D detector giving LD3 coverage
- Fire extinguisher on each floor on the common escape route
Please see our section on additional licensing and S257 HMO's to see if your converted building will be subject to additional licensing
Management of HMO's
There are extra pieces of legislation that apply to the management of House of Multiple Occupation (HMO's), which applies whether the properties are subject to any form of licensing or not. If you are unsure if your HMO is a licensable property then please see our HMO definitions page.
The primary piece of legislation that applies specifically to HMO's in additional to the Housing Act 2004 is the The Management of Houses in Multiple Occupation (Wales) Regulations 2006
The Management of HMO Regulations 2006 sets out a number of provisions including
- Duty of manager to provide information to occupier
This provision details that the manager's name, address and any telephone contact number are made available, and displayed at the HMO
- Duty of manager to take safety measures
The primary part of this clause is concerned with ensuring that all means of escape from fire in the HMO are kept free from obstruction and maintained in good order. It also goes on to state that any fire fighting equipment and fire alarms are maintained in good working order. More details can be found on fire alarms here.
- Duty of manager to supply and maintain gas and electricity
This clause states that a gas and periodic electrical report must be supplied to the Local Authority within seven days of it being requested, with the periodic electrical report being no older than five years. It is worth noting that Cardiff County Council will not
accept any periodic electrical report with Code 1 or 2 faults showing, as per information from the Electrical Safety Council. We can provide more information upon request.
- Duties of occupiers of HMO's
As the title suggests this legislation also places responsibility upon occupiers of HMO's which amongst other things includes allowing the managers of HMO's to carry out their duties, and not to hinder these duties. A key part of placing some responsibility onto the tenants is ensuring that they have been given adequate instruction initially to know how to comply with their obligations
- Meaning of 'person having control' and 'person managing'
The definitions of persons managing and the person having control may be different from your assumptions. For the avoidance of doubt, we suggest you check S263 of the Housing Act 2004.
The Management of HMO Regulations 2006 states that 'these Regulations apply to any HMO in Wales other than a converted block of flats to which section 257 of the Act applies.' However, an additional provision was made in 2007 titled The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (Wales) Regulations 2007, which including the above duties in S257 HMO's
Update to ammenity standards in HMO's subject to Additional Licensing
There are a number of recent clarifications that can be made on the additional licensing introduced in the Cathays Community Ward in Cardiff.
As a reminder, every HMO within Cathays will be subject to additional or mandatory licensing.
Fees for Cardiff HMO's
A few points worth noting in the fee structure released by Cardiff County Council: -
- Properties subject to mandatory licensing are still subject to a £700 fee with no discounts for landlord which have attended the accreditation course run by Landlord Accreditation Wales (LAW)
- A non-material amendment is free of charge – usually where there is a change of the number of occupants
- If the property goes from additional to mandatory licensing then currently there is no charge, however this could be reviewed at the end of the financial year. It is worth noting that there are extra security and energy efficiency requirements for properties subject to additional licensing
Security for Cardiff HMO's
- Ground floor window locks.
- Eurocyclinder mortice lock (or similar) to the front door with thumb turn
- 'Slam shut' facility to the front door.
- An internal letter box cowl if the letter box is within 400 mm of the thumb turn to the lock.
- Mortice lock to the rear door.
- Laminated glass to the front & rear doors & ground floor windows.
Energy Efficiency
- At least 75 mm lagging to the hot water tank (if present).
- 250-270 mm loft insulation.
- Draught proofing where necessary
There are in theory other items that could be required such as garden security and locked sheds but the above is a list of what we are seeing requested on all of our properties.
We're happy to provide further advice if required as this is a generic guide intended to supplement previous guidance. For further details please ring John at CPS Homes on 02920 443811.