Living in a house in multiple occupation (HMO) can bring extra rules for both tenants and landlords. This guide explains what HMO licensing means in Scotland, how that affects tenants' rights on repairs, access, deposits and rent, and what to do if problems arise. It uses plain language aimed at renters and tenants who are not legal experts, showing practical steps like checking a council HMO register, reporting repairs in writing, and when to contact the First-tier Tribunal for Scotland (Housing and Property Chamber). Read on to learn which forms to expect, how to gather evidence, and how to protect your safety and legal rights without assuming blame.
Understanding HMO licensing in Scotland
An HMO is usually a property where three or more people who are not all from the same family live in more than one household; local councils run licence schemes and set required safety and management standards. Tenancy law in Scotland is governed by the Private Housing (Tenancies) (Scotland) Act 2016[1], while HMO licensing and conditions are enforced by councils using powers under housing legislation and local regulations. If a property needs a licence, the council can require the landlord to meet fire, space, amenity and management standards before issuing one.
Who needs a licence and how to check
Mandatory licensing criteria can vary by council; the common trigger is multiple households or a threshold number of unrelated occupiers. To check whether a property is licensed, contact the local council housing department or search the council HMO register online. Many councils publish HMO registers or allow licence checks by address on their websites.[2]
Landlord responsibilities and tenant rights in licensed HMOs
In a licensed HMO, landlords must follow the licence conditions and national tenancy law. Tenants have the right to reasonable repair, privacy, safe access to facilities, and clear information about who holds the licence and how to contact management.
- Keep the property in a reasonable state of repair and respond to urgent faults promptly.
- Provide or display licence information and any required management plans to tenants.
- Give proper notice before entering and respect tenants' privacy, except in emergencies.
- Maintain safety measures required by the licence, such as fire detection and escape routes.
What to do if a landlord does not follow licence conditions
If the landlord fails to maintain the property or breaches licence conditions, first raise the issue in writing and request a clear timescale for repair. If the problem persists, report the breach to the council that issued the HMO licence so they can investigate enforcement options. Councils can vary in process and timescales, so keep copies of all messages and evidence such as photos, receipts and dated logs.
FAQ
- Can my landlord increase rent during a Private Residential Tenancy?
- Yes, but only if the written tenancy agreement allows it or by agreement; if you disagree about an increase you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to resolve the dispute.
- Who handles disputes about repairs or licence breaches?
- If informal steps fail, tenants can apply to the First-tier Tribunal (Housing and Property Chamber) for orders such as repair enforcement or rent-related remedies; the Tribunal is the specialist body for housing disputes in Scotland.[3]
- Can I withhold rent for disrepair in a licensed HMO?
- Withholding rent is risky and can lead to legal action; instead, document the issue, follow the tenancy's complaints process, report to the council if it is a licence breach, and consider applying to the Tribunal for a remedy.
How-To
- Check whether the property has an HMO licence by contacting the local council or searching their online HMO register.
- Report repairs in writing to the landlord or property manager, include dates, photos and a clear request for action, and keep a copy for your records.
- If unresolved, gather evidence (photos, messages, witness statements) and contact the council to report licence breaches.
- Apply to the First-tier Tribunal (Housing and Property Chamber) if council enforcement or landlord action does not resolve the issue; include the evidence you collected.
- If the property is unsafe and immediate risk exists, consider temporary rehousing options and advise the council or emergency services as appropriate.
Help and Support / Resources
- Check local HMO guidance and council contacts on GOV.SCOT
- Read the Private Housing (Tenancies) (Scotland) Act 2016 on legislation.gov.uk
- Contact the First-tier Tribunal for Scotland (Housing and Property Chamber)
