The Scottish Government

MULTIPLE OCCUPATION IN SCOTLAND
MANDATORY LICENSING OF HOUSES IN
A REVIEW OF THE FIRST YEAR OF THE

HECTOR CURRIE
Scottish Executive Social Research 2002

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CONTENTS

ACKNOWLEDGEMENTS
EXECUTIVE SUMMARY
CONTEXT
RESEARCH METHODS
MAIN RESEARCH FINDINGS
CHAPTER ONE SETTING THE CONTEXT
INTRODUCTION
SETTING THE SCENE: INITIAL REACTIONS
TO THE MANDATORY LICENSING SCHEME
THE RESEARCH INPUT TO THE DEBATE
STRUCTURE OF THE REPORT
CHAPTER TWO RESEARCH AIMS AND
METHODOLOGY
CONTEXT
THE MAIN RESEARCH OBJECTIVES FOR THE
REVIEW OF HMO LICENSING
METHODOLOGY
SUMMARY
CHAPTER THREE PAST HMO POLICY AND
LEGISLATION
A REVIEW OF THE LAST 20 YEARS
THE 1980S: THE PROBLEMS WITH BED AND
BREAKFAST ESTABLISHMENTS
NEIGHBOURHOOD IMPACTS
THE PRESSURE FOR LICENSING
THE DISCRETIONARY HMO LICENSING SCHEME
THE REVIEW OF THE DISCRETIONARY LICENSING SCHEME
1997: THE LABOUR PARTY MANIFESTO COMMITMENT
TO NATIONAL LICENSING OF HMOS.
THE MANDATORY HMO LICENSING SCHEME
SUMMARY
CHAPTER FOUR THE EFFECTIVENESS AND
THE IMPACT OF MANDATORY LICENSING
IMPROVING STANDARDS AND PREVENTING UNSAFE
HMOS FROM OPERATING
THE IMPACT OF THE SCHEME ON THE NUMBER OF HMOS
THE IMPACT OF LICENSING ON RENT LEVELS
SUMMARY OF KEY FINDINGS
CHAPTER FIVE THE PROMOTION OF THE
MANDATORY LICENSING SCHEME
PUBLICITY AND COMMUNICATIONS
PERSPECTIVES ON THE PUBLICITY FOR THE
MANDATORY SCHEME AND ITS INTRODUCTION
THE LOCAL AUTHORITIES' PERSPECTIVE ON THE
INTRODUCTION OF THE SCHEME
MEETING TENANTS' INFORMATION NEEDS
SUMMARY OF KEY FINDINGS
CHAPTER SIX HMO LICENCE APPLICATION
PROCESSING, ADMINISTRATION AND
JOINT WORKING
APPLICATION PROCESSING
ESTABLISHING LOCAL AUTHORITY HMO WORKING
GROUPS
JOINT OPERATIONAL WORKING
SUMMARY OF KEY FINDINGS
CHAPTER SEVEN DATA COLLECTION AND
MONITORING
HMO KNOWLEDGE AND INFORMATION SOURCES
DATA MANAGEMENT AND MONITORING
SUMMARY OF KEY FINDINGS
CHAPTER EIGHT COSTS AND FEES
LOCAL AUTHORITY LICENSING COSTS
LICENCE FEES
FEES IN RELATION TO THE OTHER COSTS OF
OBTAINING A LICENCE.
THE VIEWS OF THE UNIVERSITIES ABOUT
LICENCE FEE LEVELS
GRANT SUBSIDY
SUMMARY OF KEY FINDINGS
CHAPTER NINE THE BENCHMARK STANDARDS
THE BENCHMARK STANDARDS
THE FIRE SAFETY STANDARDS DEBATE
THE TECHNICAL BASIS OF THE DISPUTE OVER
FIRE SAFETY STANDARDS
OTHER CONCERNS ABOUT THE BENCHMARK STANDARDS
LICENCE APPROVAL AND PLANNING PERMISSION
SUMMARY OF KEY FINDINGS
CHAPTER TEN TENANCY MANAGEMENT STANDARDS
PRIORITISING TENANCY MANAGEMENT STANDARDS
LEASES AND TENANCY MANAGEMENT STANDARDS
ACHIEVEMENTS AND PROBLEMS IN DELIVERING
GOOD TENANCY MANAGEMENT STANDARDS
SUMMARY OF KEY FINDINGS
CHAPTER ELEVEN EXEMPTIONS, TIMESCALE
AND THRESHOLD NUMBERS
THE CONTEXT
EXEMPTION ISSUES
ARGUMENTS MADE IN SUPPORT OF MORE
EXEMPTIONS
MINIMUM OCCUPANCY THRESHOLD AND
TIMESCALE CHANGES
THE EXEMPTION OF THREE PERSON HMOS
SUMMARY OF KEY FINDINGS
CHAPTER TWELVE ISSUES, QUESTIONS AND
RECOMMENDATIONS
WHY WERE SO FEW HMOS LICENSED IN THE FIRST
YEAR OF THE MANDATORY LICENSING SCHEME?
HOW CAN THE SCHEME BE MADE MORE EFFICIENT
AND EFFECTIVE IN THE FUTURE?
REVIEWING THE IMPLEMENTATION FRAMEWORK
FOR MANDATORY HMO LICENSING
IN WHAT WAYS COULD THE GUIDANCE BE IMPROVED?
CONCLUDING POINTS
REFERENCES
ANNEX ONE DETAILS OF RESEARCH METHODOLGY
ANNEX TWO VIEWS BY FOUR HMO OWNERS
OF FIRE SAFETY STANDARDS
ANNEX THREE POSITION OF THE CHIEF AND
ASSISTANT CHIEF FIRE OFFICERS ASSOCIATION
(CACFOA) ON ANNEX D OF THE SCOTTISH
EXECUTIVE GUIDANCE
ANNEX FOUR POSSIBLE AMENDMENT TO THE
LICENSING APPROVAL TIMESCALE

LIST OF TABLES
TABLE 3.1 MANDATORY LICENSING PHASING
AND THRESHOLDS (FROM ARTICLE 5 OF THE
1982 ACT)
TABLE 4.1 LOCAL AUTHORITIES' VIEWS ON THE
EFFECTIVENESS OF THE FIRST YEAR OF THE
LICENSING SCHEME IN ACHIEVING MINIMUM
STANDARDS OF ACCOMMODATION AND SAFETY
TABLE 4.2 LOCAL AUTHORITY VIEWS ABOUT
THE IMPACT OF LICENSING ON SUPPLY
TABLE 4.3 LOCAL AUTHORITY VIEWS ABOUT
THE IMPACT OF LICENSING ON RENTS
TABLE 6.1 PROGRESS IN PROCESSING LICENCE
APPLICATIONS FROM 1 ^ST OCTOBER 2000 -
30 ^TH SEPTEMBER 2001
TABLE 6.2 COMPARISON OF HMO APPROVALS
BETWEEN 30 SEPTEMBER 2001 AND
31 MARCH 2002
TABLE 6.3 LEAD DEPARTMENT/ OFFICER
ROLE IN HMO LICENSING
TABLE 6.4 HMO INSPECTION TEAMS
TABLE 6.5 WORKING RELATIONSHIPS
BETWEEN LOCAL AUTHORITIES AND FIRE BRIGADES
TABLE 7.1 NUMBER OF LOCAL AUTHORITIES
WITH KNOWLEDGE OF THE SIZE OF THEIR
HMO SECTOR
TABLE 7.2 ACCESS BY HMO OFFICERS
TO HOUSING BENEFIT RECORDS
TABLE 8.1 LOCAL AUTHORITY COSTS OF
OPERATING THE MANDATORY LICENSING
SCHEME IN THE 1ST YEAR
TABLE 8.2 SURPLUS OR DEFICIT IN THE
FIRST YEAR OF THE MANDATORY
LICENSING SCHEME
TABLE 8.3 FIRST YEAR HMO LICENCE FEES
AND LICENCE APPROVALS
TABLE 8.4 ATTITUDE TO THE LICENCE FEE
IN RELATION TO SCALE OF RENTAL BUSINESS
AND OTHER COSTS FOR ONE HMO
TABLE 8.5 ESTIMATED LICENSING FEES
OF THE UNIVERSITIES
TABLE 9.1 ADOPTION OF THE NATIONAL
BENCHMARK STANDARDS IN LOCAL
LICENSING SCHEMES
TABLE 9.2 LOCAL AUTHORITIES' VIEW OF
THE INCORPORATION OF TECHNICAL
STANDARDS INTO LICENCE ASSESSMENT
TABLE 9.3 HMO TENANT' VIEWS OF THE
STANDARD OF THEIR LICENSED HMO
ACCOMMODATION
TABLE 9.4 LOCAL AUTHORITIES' VIEWS
ON THE RELATIONSHIP BETWEEN PLANNING
PERMISSION AND HMO LICENCE APPROVAL
TABLE 10.1 COMMUNICATION BY LOCAL
AUTHORITIES WITH HMO TENANTS AS PART
OF THE ASSESSMENT OF LICENCE APPLICATIONS
TABLE 10.2 LOCAL AUTHORITY PLANS FOR
IMPROVED COMMUNICATION WITH HMO TENANTS
TABLE 10.3 PROBLEMS WITH ASSESSING
TENANCY MANAGEMENT STANDARDS
TABLE 11.1 LOCAL AUTHORITY VIEWS ON
CHANGES TO EXEMPTIONS FROM MANDATORY
LICENSING
TABLE 11.2 LOCAL AUTHORITY VIEWS ON
CHANGES TO THE THRESHOLD AND
TIMESCALE OF LICENSING
TABLE 11.3 REDUCING THE REGULATIONS
AND STANDARDS FOR THREE PERSON HMOS
TABLE 11.4 LOCAL AUTHORITY WILLINGNESS
TO EXEMPT CERTAIN 'THREE PERSON' HMO
CATEGORIES FROM LICENSING
ANNEX TABLE 1.1 PROFILE OF PRIVATE
SECTOR HMO OWNERS
ANNEX TABLE 1.2 PROFILE OF HMO TENANTS
INTERVIEWED