If you rent in Scotland and live in shared housing or an HMO, knowing how to challenge a licence decision can protect your safety and rights. This guide explains the appeal options available to tenants and renters when a council refuses, imposes conditions on, or revokes an HMO licence. It covers the role of your local authority, the First-tier Tribunal (Housing and Property Chamber), common grounds for challenge, what evidence helps, and practical deadlines so you can act quickly. You will find clear steps for making representations, how to request a review or take a case to the tribunal, and where to get official forms and advice tailored to Scottish law.
Overview
Local councils in Scotland licence many HMOs and decide applications, conditions and renewals. If you believe a decision affects your safety, privacy or tenancy rights you can make representations to the council and, in some cases, appeal to the First-tier Tribunal (Housing and Property Chamber) (First-tier Tribunal)[1]. The law governing private tenancy rights in Scotland includes the Private Housing (Tenancies) (Scotland) Act 2016, which shapes tenant protections and some tribunal procedures (2016 Act)[2].
Who can raise concerns
- Tenants or renters living at the HMO can ask the council to review licence conditions or investigate breaches.
- Neighbours or community members can also report safety concerns to the local authority.
Common grounds for challenge
- Persistent repair or habitability problems that make the property unsafe or unhealthy.
- Safety breaches, overcrowding or other licence condition violations that risk tenant wellbeing.
- Procedural or legal errors in how the council handled the licence application or renewal.
- New evidence such as photos, inspection reports or tenancy records that were not considered.
Forms you may need
HMO licence application (local authority form) — form name and number vary by council. When used: landlords apply or renew a licence; tenants can request a council check using the council's complaint or report form. Practical example: if a neighbour reports overcrowding, the tenant contacts the council and refers them to the local HMO complaint form so the authority can inspect.
First-tier Tribunal application form — the tribunal publishes application guidance and forms on its site; use this to ask the tribunal to consider a council decision. When used: if the council refuses or imposes contested conditions and you have exhausted representations, submit the tribunal application explaining your grounds and attach evidence. Practical example: you apply using the tribunal form to appeal a licence condition you say makes the property unsafe.[1]
Representation or review request (council) — councils accept written representations or review requests on their local HMO process. When used: send a clear letter or email describing the issue, relevant dates and copies of evidence; ask the council to confirm receipt and the next steps.
FAQ
- Can I object to an HMO licence for my building?
- Yes. Tenants can make representations to the local council during a licence application or renewal and, if necessary, ask the First-tier Tribunal to review the council's decision.[1]
- How long do I have to appeal a licence decision?
- Deadlines can vary by council and tribunal rules; check the decision notice for dates and contact the council immediately to preserve your rights.[2]
- Will I have to attend a hearing?
- The tribunal may hold a hearing but can also decide on written evidence; read the tribunal's guidance and state whether you can attend or prefer a paper decision.[1]
How-To
- Check the licence decision and note the deadline for representations or appeals.
- Collect evidence such as photos, repair requests, tenancy records and witness statements.
- Submit written representations or request a review from the council, attaching your evidence and asking for confirmation of receipt.
- If the council decision is not resolved, complete the First-tier Tribunal application form and include a clear statement of grounds and documents.[1]
- Prepare for any hearing by organising copies of documents and a short chronology of events to present to the tribunal.
- Seek help from your local council housing advice team or official Scottish Government guidance if you need assistance completing forms.[3]
Key Takeaways
- Act quickly to meet council and tribunal deadlines for representations and appeals.
- Keep detailed records and copies of all communications and evidence.
- Use official tribunal and government guidance when completing forms and preparing your case.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Government: Houses in Multiple Occupation guidance
- Private Housing (Tenancies) (Scotland) Act 2016
