Many tenants moving into Houses in Multiple Occupation (HMOs) in Scotland have questions about licensing, who is responsible for safety checks, and what paperwork must be complete before you set up utilities or pay a deposit. This guide explains move-in rules, landlord and tenant duties under Scottish tenancy law, and the practical steps renters should take when signing a private residential tenancy. It covers mandatory HMO licensing basics, common forms you may see, how to check a licence, and where to apply for help or challenge problems through the Housing and Property Chamber. If you are a renter preparing to move in or renewing a tenancy, these clear steps will help protect your rights and avoid common problems.
HMO licensing in Scotland
In Scotland some properties let to multiple households require an HMO licence and must meet safety and management standards set by local councils and Scottish law[1]. Licensing aims to make sure fire safety, minimum room sizes, and basic sanitation are in place. Local councils issue licences and set conditions that a landlord must follow while the licence is valid. If you are unsure whether a property is an HMO, ask the landlord for the licence details and a copy of the licence conditions.
Who must apply and what councils check
- Properties where five or more people from more than two households live are commonly defined as HMOs and must meet licensing standards.
- Landlords must submit an HMO licence application to their local council before letting rooms in a listed HMO and must keep the licence valid while tenants occupy the property.
- Councils inspect for safety, fire precautions, and management arrangements to ensure compliance with licence conditions.
Move-in rules and tenant checks
Before you move in, check important documents and safety information: a written tenancy agreement, proof of any deposit protection scheme, current gas safety and electrical inspection records (where applicable), and the HMO licence or details of the licence conditions. Ask the landlord for an inventory and photos of the property at move-in to avoid later disputes. Tenants should also confirm who pays for utilities and when rent is due.
- Ask for deposit details and how the deposit is protected; get the scheme name and reference in writing.
- Take dated photos and a signed inventory on the day you move in to record condition and avoid later disputes.
- Confirm that essential repairs, heating and hot water, and any safety checks are in place before you move or that there is a clear plan and timeline.
Essential forms and where to find them
- HMO licence application (local council form). When used: landlords must complete this to get a licence for an HMO; example: a landlord applying to City of Edinburgh Council for a licence before new tenants move in. Official source: local council HMO licensing page.[3]
- Notice to Leave / prescribed notices. When used: landlords use prescribed notices where a tenancy may be ended under the Private Housing (Tenancies) framework; example: a landlord serving a Notice to Leave for a specified ground before applying to the tribunal if the tenant does not vacate. Check the tribunal and government guidance for the correct format and grounds.
- Application forms to the Housing and Property Chamber (First-tier Tribunal for Scotland). When used: tenants or landlords use tribunal application forms to request decisions on repossession, rent arrears, repairs or disputes; example: a tenant applies to the Chamber for an order to require a landlord to carry out urgent repairs. Official source: Housing and Property Chamber application forms and procedure pages.[2]
What to do if something is wrong at move-in
If you discover safety issues, missing certificates, or unreported disrepair, first tell the landlord or letting agent in writing and keep a copy. If the landlord does not act, you can report unlicensed HMOs or serious hazards to your council's environmental health or housing standards team. For unresolved disputes about tenancy matters or eviction you can apply to the Housing and Property Chamber for a decision.
FAQ
- Do landlords need an HMO licence before tenants move in?
- Yes — where a property meets the HMO definition under local rules the landlord must secure a licence and meet its conditions; tenants should ask to see licence details before moving.
- Can a landlord increase rent during a private residential tenancy?
- Rent increases must follow the procedure in the tenancy agreement and Scottish law; often the landlord must give written notice and cannot increase rent more than once in specified periods without agreement.
- Where do I apply if my landlord won’t fix serious hazards?
- If the landlord does not act, report hazards to your local council and consider an application to the Housing and Property Chamber for remedies or orders.
How-To
- Gather documents: get the tenancy agreement, deposit protection proof, HMO licence details, and any safety certificates on or before move-in.
- Document condition: take dated photos and a signed inventory the day you move in and keep copies for your records.
- Raise issues in writing: email or send a letter to the landlord or agent describing faults and requested repairs, and keep the correspondence.
- Seek formal help: if problems persist, apply to the Housing and Property Chamber or report an unlicensed HMO to your council.
Key Takeaways
- Check and keep copies of all licence and safety documents before you move in.
- Get deposit protection details in writing and a clear rent schedule from the start.
- Act promptly on notices and meet any deadlines to preserve your rights.
Help and Support / Resources
- Housing and Property Chamber (First-tier Tribunal for Scotland)
- Scottish Government: Renting and private residential tenancy guidance
- City of Edinburgh Council: HMO licensing and guidance
