78Meaning of “relevant HMO”(1)

This section sets out the meaning of references in this Act to a “relevant HMO”.

(2)

A building, or part of a building, is a relevant HMO if—

(a)

it is a house in multiple occupation,

(b)

it is wholly or mainly in Wales, and

(c)

it is not excluded from being a relevant HMO by subsection (3).

(3)

A house in multiple occupation is not a relevant HMO if—

(a)

it contains two or more residential units;

(b)

it is occupied only by persons within the following sub-paragraphs—

(i)

one or more persons who have a relevant interest in it;

(ii)

any members of the household of such a person or persons;

(iii)

no more than two other persons;

(c)

the person managing it or person having control of it is a police and crime commissioner;

(d)

it is of a description specified in regulations made by the Welsh Ministers (whether by reference to the fact that its occupation is regulated by or under a specified enactment or any other matter).

(4)

For the purposes of subsection (3)(b), the following persons have a relevant interest in a house in multiple occupation—

(a)

an owner of the freehold estate in the whole of it;

(b)

a tenant under a lease of the whole of it (whether or not the lease is an occupation contract);

(c)

a contract-holder under an occupation contract that is a licence to occupy the whole of it.

(5)

References to a relevant HMO in the remaining provisions of this Act—

(a)

include any outbuilding, garage, car park, yard, garden or other area provided for the use, benefit or enjoyment of occupiers of the relevant HMO (whether or not it may be used, benefited from or enjoyed by other persons), and

(b)

in the case of a relevant HMO that is a part of a building, include—

(i)

any part of the structure and exterior of that part of the building;

(ii)

any part of the building provided for the use, benefit or enjoyment of occupiers of the relevant HMO (whether or not it may be used, benefited from or enjoyed by other persons).

(6)

But references to a relevant HMO do not, in the case of a relevant HMO that is a part of an occupied regulated building, include anything that is provided for the use, benefit or enjoyment of occupiers of the relevant HMO and residents of any other residential unit in the building.

(7)

In this section—

“house in multiple occupation” (“tŷ amlfeddiannaeth”) has the meaning given by sections 254 to 259 of the Housing Act 2004 (c. 34), as those sections have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act), but does not include a converted block of flats to which section 257 of that Act applies;

“occupation contract” (“contract meddiannaeth”) and “contract-holder” (“deiliad contract”) have the meanings given by section 7 of the Renting Homes (Wales) Act 2016 (anaw 1) (see also section 48 of that Act);

“structure and exterior” (“strwythur a thu allan”), in relation to a building, includes—

(a)

external and internal walls (whether load bearing or not);

(b)

floors and ceilings;

(c)

windows, doors and balconies.

(8)

The Welsh Ministers may by regulations amend this section (except subsection (1) and this subsection).