Mandatory licensing of houses in multiple occupation (HMOs) was introduced in October 2000. A licence is required for every house or flat where three or more people live who are not all members of one family or of one or other of two families. The house must be their only or main home.
Flats or bedsits which are otherwise separate are considered part of one house if they share cooking, washing or toilet facilities. Resident landlords and members of their family living with them are not counted in calculating the number of occupants, so they only need a licence if they have three or more tenants living with them.
The owner of the house is responsible for obtaining an HMO licence from the local authority. Before awarding a licence, the authority will make sure that acceptable standards are met in three categories.
Fit and proper person - the landlord, and any agent managing the property, must be considered a fit and proper person to hold a licence. The local authority will decide this based on individual circumstances.
Tenancy management - ensuring there are proper tenancy agreements which set out the rights and responsibilities of the tenants and the landlord. This should prevent exploitation or harassment of tenants, and should also help in taking action if tenants' behaviour causes any nuisance to neighbours.
Physical conditions - including space, facilities for cooking and washing, and safety of the building.
The local authority sets the standards required and also sets the fees charged for a licence application.
A Guide for Landlords sets out more details of the scheme, the licence application process and the kind of standards required. There are also leaflets for tenants and for neighbours of HMOs.
The Scottish Government also provides Guidance for Licensing Authorities on the operation of the licensing scheme. If you have any questions about HMO licensing in your area, please contact your local authority.
HMOs are now covered by new fire safety legislation. Visit the FireLaw website for more information.
Provisions to replace the current HMO licensing legislation and bring it more into line with other housing legislation are included in Part 5 of the Housing (Scotland) Act 2006. These provisions are expected to be brought into force following consultation and more information will be available on this site in due course.