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Licensing of Houses in Multiple Occupation
110. The Act re-enacts in primary legislation the system of licensing of houses in multiple occupation ( HMOs) that was established by orders under the Civic Government (Scotland) Act 1982. This overcomes the constraints imposed by the current legislative structure and allows some changes, such as giving Ministers powers to set national conditions for HMO licences, to permit local authorities to exempt specified types of HMO from licensing, and to make regulations about licence fees, including setting maximum amounts. This will promote consistency in the operation of licensing across Scotland.
111. Section 146 gives a local authority the power to serve an HMO amenity notice requiring the owner of a licensable HMO to carry out work to make the living accommodation reasonably fit for occupation by a specified number of persons.
Scottish Executive approach
112. This aspect of the Act will be taken forward by staff within the Housing and Regeneration Group of the Scottish Executive.
113. The key steps in implementation will be
- assessment that the sector is ready for the new HMO regime
- consider whether secondary legislation is required
- consultation on secondary legislation and guidance
- issue guidance
- make regulations and orders
- training local authority staff on new procedures.
114. In order to allow time for other changes to the private rented sector to become established, particularly registration of private landlords, it is not intended to implement the new system until 2008.
Local authority role
115. It is not expected that there will be much change from the current role of local authorities in HMO licensing, although they will obviously have to take account of any national conditions set. If Ministers lay an order specifying types of HMO that local authorities may exempt from licensing, then local authorities will have to decide whether circumstances in their area (or parts of their area), including other regulation of the private rented sector, are such as to justify a continued requirement for licensing of such HMOs.
Local authority preparation
116. Local authorities should continue to develop their expertise under the existing system of licensing, but could begin to consider how the new rules would apply in their areas.
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