Houses in multiple occupation

What is an HMO?
 
A "House in Multiple Occupation" (HMO) is a house or flat that is occupied by three or more unrelated persons, who are renting the property from a landlord.
 
This can include hostels, bed sits, student residences and shared flats.
 
HMOs must be licensed by the local authority before they can operate.

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Licensing Requirements
 
From 1 October 2002, all HMOs with 3 occupiers require to be licensed.

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How do I get a licence?
 
Application forms are available from the Council's Chief Executive's Office - see contact details below.
 
On receiving a fully completed application, with all the supporting documentation required, the Chief Executive's Office will consult the:

  • Police
  • Highlands & Islands Fire Brigade
  • Highland Council TEC Services
  • Highland Council Building Control

Officers from these Services will then inspect the premises, comparing it to the Council's agreed standards.
 
Housing Services will examine the Tenancy Agreements.
 
Within 6 weeks of the inspection a report, detailing any deficiencies, will be forwarded to the applicant.
 
The Council will consider applicants' requests for relaxation of or exemption from any of the standards.  To request relaxation or exemption, you should complete an HMO Relaxation Form and return it to your local Chief Executive's Office - addresses are on the form.
 
When any deficiencies which have been identified have been dealt with, the Council will issue the licence which may be granted for up to three years.  Contentious applications will submitted to Councillors for determination.
 
If a licence is refused, the applicant has the right to appeal to the Sheriff.

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Who sets the standards?
 
The Council's standards and licence conditions are based on the Scottish Executive's Guidelines.  Before the Highland Council's standards were adopted, consultation took place with landlord associations, tenant representatives and housing associations.
 
You can get a copy of the standards and licence conditions from the Chief Executive's Office contacts below.

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What do the standards cover?
 
The standards are to ensure tenants have a safe environment, with adequate facilities and a fair tenancy agreement.  You can see below the type of things taken into consideration before granting a licence:
 
TEC Services consider:

  • heating
  • space
  • electrical safety
  • lighting
  • cooking facilities
  • sanitary faculties
  • water supply
  • drainage
  • general standards of repair and maintenance

Building Control consider:

  • approved use of the property
  • structural fire precautions and means of escape and related matters

The Fire Brigade considers:

  • fire risk assessments
  • means of fire detection and warning
  • means of escape and fighting fire
  • formulation of an emergency plan

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Information for Tenants
 
Licensing has been introduced to ensure tenants can live safely in their houses, have adequate facilities and a fair tenancy agreement.
 
If you have any concerns regarding:

  • your home's licence
  • your tenancy agreement
  • fire safety
  • gas safety
  • electrical safety
  • poor facilities
  • standards of repair
  • overcrowding

or if you wish general advice on HMOs, please contact TEC Services contacts below.

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Illegal HMOs

The Council will investigate all reports of landlords operating unlicensed HMOs.  It is an offence to operate without a licence.  If prosecuted and found guilty, landlords can be fined up to £500.

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Contacts

For further information on applying for a licence, please contact:

Highland Council Chief Executive's Office

Caithness, Sutherland and Easter Ross

Wick - 01955 607703
Golspie - 01408 633033

Inverness, Nairn, Badenoch and Strathspey

Inverness - 01463 724201
Kingussie - 01540 664517
Nairn - 01667 458515

Ross, Skye and Lochaber

Dingwall - 01349 868579
Fort William - 01397 707228
Portree - 01478 613826

For further information on the requirements of the licence and enforcement, please contact:

Highland Council TEC Services

Caithness, Sutherland and Easter Ross

Wick - 01955 607737
Dornoch - 01862 812027

Inverness, Nairn, Badenoch and Strathspey

Inverness - 01463 703968
Kingussie - 01540 664501
Nairn - 01667 458540

Ross, Skye and Lochaber

Dingwall - 01349 868440
Fort William - 01397 707002
Portree - 01478 613817

You can also get information at your nearest Service Point
 
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