**Letting Agency Fails in Appeal Over Swansea HMO Enforcement**
A Swansea-based letting agency has lost its appeal against an enforcement notice compelling it to cease use of a terraced property as a house of multiple occupation (HMO), following a lack of convincing evidence to counter claims by Swansea Council. The contentious property, located on Bryn Road in the student-popular Brynmill area, has been at the centre of a lengthy dispute over planning rules and use classification.
Swan Sales and Lettings, the agency at the heart of the dispute, was originally served with an enforcement notice by Swansea Council in May of last year. The council asserted that the property in question had undergone an unauthorised change of use to an HMO accommodating eight people—without the necessary planning permission. Concerns cited included unsatisfactory living conditions, particularly in two of the bedrooms which reportedly lacked adequate light and outlook, as well as concerns about negative impacts on road safety and local parking provision.
In their defence, Swan Sales and Lettings argued that the property was not functioning as an HMO at the relevant time, but was instead being marketed as a short-term Airbnb rental. Notably, however, a “student let” sign was clearly visible above the front door during the relevant period, adding weight to the council’s assertions.
A Welsh Government-appointed planning inspector, Richard Jenkins, visited the property in March this year to inspect the premises and review the evidence presented. In his decision, brought forward this May, he upheld the council’s enforcement notice. Although he acknowledged the property was suitably furnished for short-term rentals, Jenkins was unpersuaded by the agency’s position due to a lack of substantive evidence—such as booking records, invoices, listings or guest reviews—demonstrating that the property was indeed operating as an Airbnb at the time the enforcement action was initiated.
Jenkins’ report highlighted that the council’s investigation indicated eight people had been living there, and that Swan Sales and Lettings had accommodated them after renovating their previous lodging. The inspector noted, “It is also material to note that a Student Let sign, advertised by Swan Lettings, was located above the front door at the time of my site inspection.” With no solid documentary evidence from the appellants opposing the council’s view, Jenkins felt he had little cause to doubt the enforcement decision.
Significantly, Bryn Road has a high density of HMOs and is particularly sought-after by students, largely due to its proximity to Swansea University’s Singleton Campus and local amenities. This has contributed to a high concentration of HMOs, a factor in the tighter planning controls within the area.
In 2023, prior to the enforcement notice, Swan Sales and Lettings had sought retrospective planning permission to officially designate the property as an HMO for up to eight individuals. The application argued that the property was in poor repair, not currently mortgageable, and economically unviable as a single-family home. Forecasts suggested the property would generate significantly more income as an HMO than as a standard residential let, further fuelling the agency’s business case.
Nevertheless, local planning policy restricts HMO saturation, allowing only 25% of properties within 50 metres of an HMO to operate similarly. Swansea Council determined that the proportion would rise to 35% should the application be granted, thus exceeding policy limits. The council denied the change of use on these and other grounds and was later supported by the planning inspectorate following the agency’s appeal.
Subsequently, Swan Sales and Lettings submitted a new application for a seven-bedroom HMO at the same address. The council again declined to entertain the application, referencing legal provisions under the 1990 Town and Country Planning Act, on the basis that it was substantially similar to the previously rejected and unsuccessfully appealed proposal.
The outcome of this case highlights both the challenges faced by letting agencies operating in tightly controlled urban environments, and the council’s resolve in enforcing planning policies formulated to maintain neighbourhood character and ensure adequate living conditions. It also underscores the importance of submitting robust documentary evidence when contesting enforcement action.
Meanwhile, a separate planning appeal in the immediate vicinity resulted in owners of a former guesthouse being given permission to convert the building into four individual flats, contrary to an earlier council refusal on parking grounds. This illustrates the case-by-case nature of planning decisions in dynamic and competitive urban districts such as Brynmill.
As Swansea continues to balance the needs of its growing student community with those of permanent residents and regulatory frameworks, disputes such as this are likely to remain a feature of the city’s property landscape.