Living in a House in Multiple Occupation (HMO) can affect your safety, privacy and the services a landlord must provide. If you are a tenant or renter in Scotland, knowing when a property needs an HMO licence, what standards landlords must meet, and how to complain about an unlicensed or poorly managed HMO helps protect your home and rights. This guide explains key duties and the main law that applies, how to find and use official forms, practical steps for reporting problems, and where to get independent help. It is written for non-experts and focuses on clear actions tenants can take if they have concerns about HMO licensing, repairs or overcrowding.
What is an HMO in Scotland?
An HMO is a property where people from more than one household share facilities such as a kitchen or bathroom. Some HMOs must be licensed by the local council so authorities can check safety, management and overcrowding. The main law that sets out private tenancy rights is the Private Housing (Tenancies) (Scotland) Act 2016 and related regulations that local councils enforce.[1]
- Apply for an HMO licence with your council if the property meets the local licensing criteria.
- Check that an HMO meets safety standards such as fire precautions and adequate space per resident.
- Look for records like gas safety checks and electrical test certificates kept by the landlord.
Landlord duties and standards
Landlords who run HMOs must meet specific management and safety duties. Councils set local licensing conditions and can refuse or attach conditions to a licence if standards are not met. Typical duties include providing safe communal areas, preventing overcrowding, and carrying out required safety checks and repairs.
- Carry out repairs and maintenance for heating, plumbing and appliances promptly.
- Hold and provide evidence of any required licences and certificates on request.
- Respect tenant privacy and give proper notice before lawful entry to a room.
HMO licence applications and official forms
HMO licences are issued by local councils; each council publishes its own application form and guidance. Tenants who need to check whether a property is licensed should contact the local council housing or environmental health team and may use the council HMO licence application or enquiry form linked on the council website or on national guidance pages.[2] If a landlord should be registered or licensed but is not, tenants can report this to the council and request enforcement action.
- HMO licence application (local council form) — used when a landlord applies for a licence or a tenant asks the council to check licensing status.
- Landlord registration application — a separate council process that landlords must complete to lawfully rent most properties in Scotland.
- First-tier Tribunal application forms — used if a dispute proceeds to the Housing and Property Chamber for decisions on enforcement, rent or management issues.
How to check a licence, report problems and use official forms
If you suspect an HMO is unlicensed or unsafe, follow these practical steps: contact the local council housing team, gather evidence such as photos and messages, complete the council complaint or licence enquiry form, and if necessary apply to the Housing and Property Chamber for resolution. Official guidance and application forms are available on Scottish Government and tribunal websites.[2][3]
- Contact your local council housing or environmental health department to report an unlicensed HMO and ask for the council HMO application or complaint form.
- Gather evidence: photos of hazards, copies of messages to the landlord, and receipts for repairs or payments.
- Submit the council form and keep a copy; if the council does not act, use the Housing and Property Chamber application form to request a hearing.
FAQ
- Does every HMO in Scotland need a licence?
- Not every shared property needs a licence, but many do depending on the number of occupants and local council rules; check with your council for local criteria.[2]
- What can a tenant do if a landlord refuses to licence an HMO?
- Report the matter to the local council and keep evidence; if enforcement is not effective you can apply to the First-tier Tribunal (Housing and Property Chamber) for further action.[3]
- Can a tenant withhold rent if an HMO is unsafe or unlicensed?
- Withholding rent is risky and can lead to eviction proceedings; instead, report issues to the council and seek advice from tenant support services or the tribunal before taking financial actions.
How-To
- Contact your local council housing team and request the HMO licence check or complaint form.
- Collect evidence: take dated photos, save messages and record conversations about repairs or overcrowding.
- Complete and submit the council form and keep a copy; note any reference or case number given.
- If the council does not resolve the issue, prepare and submit the appropriate application form to the Housing and Property Chamber.
Key Takeaways
- Many shared homes in Scotland must hold an HMO licence issued by the local council.
- Tenants should document problems and use council forms before escalating to the tribunal.
- The Housing and Property Chamber handles disputes and can be used if enforcement by the council fails.
Help and Support / Resources
- [1] Scottish Government publications and guidance on housing and HMO licensing
- [2] Private Housing (Tenancies) (Scotland) Act 2016 on legislation.gov.uk
- [3] First-tier Tribunal for Scotland (Housing and Property Chamber)
