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Guidance on the Mandatory Licensing of Houses in Multiple Occupation

Introduction

Objectives of the guidance

Local authorities were given discretionary powers to introduce HMO licensing by means of an Order made in 1991 under the Civic Government (Scotland) Act 1982. The new Licensing Order, made under the same Act, makes it mandatory from 1st October 2000 for all HMOs to be licensed. All local authorities must establish a mandatory licensing scheme from that date and all those who are HMO owners in terms of the Order must apply for and obtain a licence, in accordance with and subject to the provisions of the Order.

This guidance is intended to help local authorities to set up and manage a mandatory licensing scheme for HMOs. It is aimed at staff in all departments involved in the licensing process. As well as advice on processes and structures, it sets out benchmark standards for accommodation-related matters and tenancy management standards that should be taken into account when deciding whether to grant a licence. Under the 1982 Act it is the responsibility of individual local authorities to set and enforce licensing conditions, but by suggesting standards the guidance aims to promote consistency and good practice in dealing with HMOs throughout Scotland. This guidance is an essential adjunct to the Order, which only sets out the basic framework for licensing.

How the guidance was produced

The guidance was produced by a working group consisting of representatives of CoSLA, the Scottish Council for Single Homeless, Shelter, the Chartered Institute of Housing in Scotland, the Royal Environmental Health Institute of Scotland, the Royal Institution of Chartered Surveyors in Scotland and the Scottish Executive. The aim was to use best practice and new ideas in outlining how the scheme could work in practice and to establish licensing conditions to ensure that all licensed HMOs are of a satisfactory standard.

What the guidance contains

The guidance begins with an overview of the provisions of the Order introducing mandatory licensing, explaining various terms, requirements and arrangements. Then comes a section explaining the practical considerations to be taken into account when a local authority is setting up and managing a licensing scheme for HMOs. This is followed by details of the conditions to be applied when considering licence applications. The intention is to achieve a degree of consistency, but each application for a licence must be considered on it own merits and, as the working group recognised, conditions vary, so there has to be flexibility in the standards applied in particular properties of various sorts, as well as flexibility in the arrangements applied in different local authorities. For example, the standards applied to women's refuges or homeless hostels might not be the same as in a student flat. This is why the working group drew up benchmark standards to use when looking at the suitability and safety of accommodation. The other type of conditions relates to tenancy management standards.

The annexes provide a summary of the licensing provisions in the 1982 Act and explain the new Order in detail; list the sources of statutory powers over HMOs that local authorities have; and provide the text of the 2000 Order.

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