Houses in Multiple Occupation in Scotland (HMOs)

Introduction

1. An HMO is a property which is shared by 3 or more tenants who are not members of the same family. HMO Landlords must have a licence from the Local Authority in which the property is situated.  This ensures that the property is properly managed and meets certain safety standards.  The licence will be valid for up to 3 years and will then have to be renewed.

Types of Accommodation

2.  The following types of accommodation are all likely to be HMOs:

• Shared flats and houses
• Bedsits
• Hostels
• Halls of residence for students or nurses
• Boarding houses
• Hotels or bed and breakfasts with permanent residents
• Some supported accommodation e.g. "move on" accommodation for homeless people

Granting of HMO Licences

3. Before granting an HMO Licence Local Authorities are required to check the following:

• The landlord is a fit and proper person to hold a licence
• The property is properly managed
• The property meets certain standards

Ongoing Responsibilities

4. Both the landlord and tenants have ongoing responsibilities.  The landlord has to maintain the property properly and the tenants have to keep good care of the property and try not to damage anything.  Tenants have to allow the landlord to inspect the property to see whether any maintenance work requires to be carried out.

5.  Tenants can refer matters to the Local Authority if they believe that the landlord is not maintaining the property properly. The Local Authority has the power to require the landlord to bring the management and physical condition of the property up to standard.

Renewal of Licences

6. The landlord has to place a notice outside the property for 21 days to let neighbours know. Neighbours have a right to object to renewal.

7. The property may be inspected by officers from the Local Authority and by the Fire Brigade to check that it meets the necessary standards.

8. The Local Authority has up to 12 months to decide whether or not to grant a licence. During this period the landlord must put right anything relating to the property.

Suspension or Revocation of Licences

9. When a HMO Licence is suspended or revoked the landlord will no longer be able to use the property as an HMO. Tenants will require to move out although if there is an unexpired period of a fixed lease the tenants can remain in the property until the expiry date, provided the property is safe to live in.

Where an HMO does not have a licence

10. It is a criminal offence for a landlord to operate an HMO without a licence and landlords could face a fine of up to £5,000 for doing so.