Get Your HMO Licence in Scotland: When & How

Get Your HMO Licence in Scotland: When & How

1. What is an HMO Licence?

In Scotland, it is required to obtain an HMO licence if one is renting out a property to multiple tenants. Such a tenant must possess an HMO licence in order to rent out the property. The licence is required for properties that are occupied by three or more tenants from two or more households, and one of the tenants pays rent to a single landlord.

Thus, an HMO licence is obligatory whenever a landlord is leasing a domicile to a trio or more tenants from separate households, and receiving payment from a single source. The licence is required to ensure the safety and wellbeing of the tenants, and the property itself.

  • In Scotland, an HMO licence is required for any building or part of a building that is occupied by five or more people who form two or more households.
  • HMOs are regulated by the Housing (Scotland) Act 2006.
  • Licences are granted by the local authority, and conditions may be attached to the licence.
  • Landlords must obtain a licence for each HMO they provide.
  • Licences are valid for up to five years and must be renewed annually.
  • Failure to obtain a licence is a criminal offence.

2. What are the requirements for an HMO Licence in Scotland?

The time at which a person requires an HMO licence in Scotland is contingent upon the size and layout of the dwelling in question. If the dwelling is three or more stories, and is housing more than one household, it is necessary to apply for a licence from the local authority. Additionally, even if a dwelling is not multi-storey, but is housing more than one household, the proprietor must obtain a licence.

It is imperative to secure a permit for such a property if the criteria are met. Depending on the configuration of the building, an individual may be obligated to acquire a licence to rent the property. This is especially pertinent if the abode is hosting more than one family or is taller than three storeys. The necessary paperwork must be submitted to the local council in order to obtain a legal certificate.

  1. Where can I find information about getting an HMO licence in Scotland?
  2. Do I need an HMO licence for all types of properties in Scotland?
  3. What is the application process for an HMO licence in Scotland?
  4. How much does it cost to get an HMO licence in Scotland?
  5. How long does it take to get an HMO licence in Scotland?
  6. What happens if I don’t get an HMO licence in Scotland?
  7. Who is responsible for making sure an HMO has a licence in Scotland?
  8. What happens if I don’t comply with the HMO licence conditions in Scotland?
  9. What are the requirements for an HMO in Scotland?
  10. What type of properties need an HMO licence in Scotland?

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3. How do I apply for an HMO Licence?

In Scotland, a requirement for an HMO Licence arises when a property is being used as a House in Multiple Occupation (HMO). This is a dwelling that is occupied by multiple people who do not form a single household, and may include lodgers, tenants and boarders. The HMO Licence is obtained from the local authority and will impose certain conditions on the occupants and the landlord.

When a property is to be used as an HMO, it must comply with the regulations of the local authority, and a licence must be obtained to verify that the property is fit for purpose. This includes ensuring that the property is in a safe condition, that safety requirements are met and that adequate provision is made for the amenities of the occupants. A licence must also be renewed on an annual basis to ensure that the property is still fit for purpose.

When Do You Need an HMO Licence in Scotland?
Definition of HMO
A House in Multiple Occupation (HMO) is a property rented out by at least 3 people who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen.
When Do You Need an HMO Licence?
If you are a landlord in Scotland and you want to rent out a property as an HMO, you are required to obtain an HMO Licence issued by your local council.
Who Needs an HMO Licence?
Any landlord in Scotland who lets a property as an HMO must obtain an HMO Licence. This includes private landlords, Housing Associations, Local Authorities and student accommodation providers.
There are some circumstances in which a landlord does not need an HMO Licence. These include:

  • The property is owned by a registered social landlord (Housing Association)
  • The property is owned by a charitable trust
  • The property is owned by the council or another public body
  • The property is rented by the same family or by no more than 2 unrelated people

4. Where can I find more information about HMO Licensing?

In Scotland, it is necessary to obtain a House in Multiple Occupation (HMO) licence when renting out a property with three or more unrelated people. This is applicable regardless of whether the occupants are sharing facilities such as kitchen and bathroom or not. The mandatory process of attaining an HMO licence applies to landlords and property owners who are renting out a dwelling of three or more persons.

For those who own a residential property intended to be occupied by more than two people who are not part of the same family, obtaining an HMO licence is imperative. The need to acquire this licence is not just limited to those who own multiple-occupancy dwellings, but also applies to any residence that has three or more unrelated people residing in it. The HMO licence is necessary to guarantee that the premises meet a certain standard of safety and habitability.

5. Are there any exemptions from HMO Licensing in Scotland?

In Scotland, a property owner or landlord must obtain an HMO licence should they wish to rent out a house or flat that is home to multiple households or more than one related individual. This requirement applies to dwellings of all sizes, and includes both single and multiple occupancy dwellings.

When a dwelling fits the criteria of a House in Multiple Occupation, it is necessary to have an HMO licence before it can be let. This is applicable regardless of whether the landlord is the owner-occupier or a private landlord. Owners electing to rent a property that is classified as an HMO must obtain the necessary consent before they can proceed to let the property.