Living in an HMO can raise specific questions for tenants about safety, licences, repairs and your rights when rent rises or an eviction is threatened. This guide explains how HMO licensing works in Scotland, what landlords must do, and how tenants can respond if standards, heating or shared facilities are poor. It covers how to check whether a property needs a licence, how to find and use official forms, the role of the First-tier Tribunal in housing disputes, and practical steps to report hazards or challenge unlawful action. Use this information to understand responsibilities, deadlines and where to get official help in Scotland as a renter.
What is an HMO and who is covered?
An HMO (house in multiple occupation) is a property where people from more than one household share facilities. Scotland's private tenancy framework and HMO rules are shaped by statute and local policy[1]. Tenants usually have protections around repairs, deposits and quiet enjoyment under the Private Housing (Tenancies) (Scotland) Act 2016 and related guidance.
HMO licensing in Scotland
Local councils set HMO licensing schemes and national guidance explains criteria and expected safety standards. Check your local authority and the Scottish Government guidance when you suspect a licence should be in place.
- Apply for a licence if the property meets local HMO criteria and council rules.
- Pay the licence fee set by your local council when you or your landlord applies.
- Meet safety conditions such as fire alarms, gas checks and adequate communal areas.
- Expect decisions within councils' published timescales; contact your council if delayed.
Official forms tenants may see
- Notice to Leave — Form: N/A — given by a landlord to end a tenancy; tenants should check grounds and deadlines before responding.
- Application to the First-tier Tribunal — Form: application forms and guidance on how to apply if you need an order to enforce repairs or oppose eviction; see the tribunal site[2].
- HMO Licence Application — Form: council-specific application available from your local authority or Scottish Government guidance[3].
Repairs, deposits and safety
As a tenant, report repairs in writing and allow a reasonable time for landlords to act. Deposits in Scotland should be handled according to tenancy rules and you can seek the tribunal's help to resolve disputes about return or deductions.
- Report repairs to your landlord in writing and keep records and receipts.
- Keep evidence such as dated photos and messages if problems are ignored.
- If the landlord does not act, you can apply to the First-tier Tribunal for an order to carry out repairs.
FAQ
- Do HMOs in Scotland always need a licence?
- Not always; licensing depends on local council rules and the number of occupants — check your council's HMO policy and guidance for specifics.
- Can a landlord increase rent in a Private Residential Tenancy?
- Yes, but rent increases must follow the tenancy agreement and written notice requirements; challenge unfair rises through negotiation or the tribunal.
- Who handles tenancy disputes in Scotland?
- The First-tier Tribunal for Scotland (Housing and Property Chamber) handles most private tenancy disputes and enforcement issues.[2]
How-To
- Check whether the property is an HMO and whether a licence should be in place.
- Gather evidence: photos, messages, rent receipts and the tenancy agreement.
- Contact your landlord or letting agent in writing to request repairs or clarification about licensing.
- If unresolved, apply to the First-tier Tribunal with supporting documents and the application form.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber) — apply and find forms
- HMO licensing guidance for Scotland
- Private Housing (Tenancies) (Scotland) Act 2016
