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 and are sharing certain facilities such as bathroom or cooking facilities.
 
This can include hostels, bed sits, student residences and shared flats.
 
HMOs must have a Council licence before they can operate.

How do I get a licence?
 
Application forms, guidance, HMO conditions and standards are available from the Council's Chief Executive's Office.
 
If a licence is refused, the applicant has the right to appeal to the Sheriff.

Who sets the standards?
 
The Council's standards and licence conditions are based on the Scottish Government Guidance. 

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

  • heating, space, lighting
  • electrical safety
  • lighting
  • cooking and sanitary faculties
  • water supply and 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
  • whether the property has/requires to have HMO planning permission (e.g. if there are 6 or more unrelated people)

The Fire Brigade considers:

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

The Highland Council, in liaison with the Police, also make sure that the landlord is a "fit and proper" person.  They will take into account any avaialble and relevant information on the applicant.  In particular they must consider any evidence of:

  • offences involving fraud, dishonesty, violence or drugs
  • unlawful discrimination
  • braches of law relating to housing and letting and
  • failure to act in relation to antisocial behaviour.

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

  • your home's licence
  • your tenancy agreement
  • fire safety
  • gas, electrical or fire safety
  • poor facilities
  • whether it meets the legal Repairing Standard
  • overcrowding
  • antisocial behaviour

or if you wish general advice on HMOs, please contact the Council contacts below.

Illegal HMOs

The Council will investigate all reports of landlords operating unlicensed HMOs and licensing breaches.  It is a criminal offence to operate without a licence.  These landlords face a £50,000 fine and a ban on letting properties for up to five years.

Contacts

For further information on licensing and any enforcement issues or HMO concerns, please call Highland Council on 01349 886606.  You can also get information at your nearest Service Point or from the Civic Licensing pages. 
 
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