The job of nanny would have to be real. Dont forget that its not just the Council that can make the landlord pay for a breach of the regulations. The tenant can also claim a rent repayment order of up to 1 years rent, (soon to be 2 years).
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The tenant has said the firend will be there look to after the baby whilst she is working…as they cannot find a space in any childcare facilities within a 20 mile radius…
The household describes anyone in employment not paying rent . I think this goes back historically for the gentry.
However, it’s likely that the tenant would not be living rent free. There is likely to be a deduction from main salary.
HMO depends on the council. I ahve been renting out 3 properties to 4 unrelated people (students) for a very long time. The council has been to see 2 properties and have stated it is an HMO but does not need a license. A fifth person will need a license. I do not wish to have more footprint and the rent per room gets lower with 5 people. So one of my houses I lock one room and the study so subletting is allowed. You check on the council website how many unrelated households or people will required to be licensed.
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It seems like a 2 household and will not require a license, I would imagine.
What is & isn’t a HMO is fixed, and HMO guidelines must be followed always.
However, councils have options for optional licences, but just because it doesn’t need a licence, does not mean it is not a HMO.
As @tigerlillies1410 said it depends on the council. An HMO is 5 or more unrelated, but some councils have additional licensing meaning 3 or more from 2+ households. It will simply depend on the rules for the council where the property is.
Many have now brought this in, which is why i think there is the confusion above.
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Sorry, this is simply wrong. The definition of a HMO is fixed. Local council rules do not change this. If you have a HMO you must comply with HMO regulations.
However some councils do have additional rules based upon alternative descriptions, but these do not change the legal definition of a HMO.
David, I learn a lot from you on the legal aspects and appreciate your your posts. I am sure most everyone values your time. (with the odd exception like Donk I guess)
Alison, it’s a tricky one. I have one tenant who is constantly sub letting and in the end I have given up and look the other way. I can’t imagine anyone endorsing this as sound practice, but it is an option.
One thing I did do was convert a hotel to short term apartments. I had them sign a document to say they had a permanent home elsewhere and they had no rights under an assured shorthand tenancy to stay at the apartment hotel. Their stay would strictly be as a guest and they would have to leave given 24 hours notice by the proprietor.
I am assuming this guest will have her own bedroom because there are guidelines on the number of people you should have for certain facilities/space.
My general advice is not to involve the council, their “help” often means the opposite. You can look up their HMO stuff online usually
Thank you. Thats good to know.
Thank you David
My tenants are husband and wife…friend wanting to move in to look after their little girl
2.days a week…is this still a HMO…or is it permitted occupier territory
There will be no rent taken from the friend
No one I havr contacted here in wales seems to know ..Thank you all… especially David ..for your helpful advice 
It’s not an HMO if no rent is taken as the friend is being considered part of the household
Isn’t this thread just a perfect example of why housing in this country is in such a mess. It is over complicated with law written by people who have no experience in the industry and the ultimate aim is raising taxes for the government.
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Wales does have its own HMO legislation, but at its core is still the Housing Act 2004, so if no rent or monies worth is taken, then its unlikely to be an HMO. However, monies worth might include a deal to offer accommodation in exchange for babysitting that would otherwise be paid. To properly understand the extent of the risk you would need to get an opinion from a specialist landlord and tenant solicitor.
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