How HMO Status Impacts Tenant Rights in Scotland

Living in shared accommodation can offer community and affordability, but you may wonder how Scotland’s HMO (House in Multiple Occupation) laws affect your rights as a renter. This guide explains HMO status, how it influences your legal protections, and what you can do if there are problems in your shared home.

What Is an HMO in Scotland?

An HMO (House in Multiple Occupation) is a property rented by at least three unrelated people who share bathroom or kitchen facilities. HMO landlords in Scotland must have a licence from their local council, ensuring safety and health standards are met. For more details, see the Scottish Government’s official HMO guidance.

What Does HMO Licensing Require?

• Annual safety checks, including gas and electrical inspections
• Adequate fire safety equipment and precautions
• Proper management and maintenance standards
• Clear emergency exits

If your landlord does not have a valid HMO licence, they are breaching the law and you may have additional protections.

How HMO Status Affects Your Tenant Rights

Most tenants in Scottish HMOs have a private residential tenancy (PRT). This means your core rights—such as protection from unfair eviction or rent increases—are the same as for other renters. However, HMO licensing offers you extra safeguards for safety and repairs.

• Your landlord must meet higher safety standards, including fire and gas safety
• You can report safety or overcrowding issues to the council
• If you suspect your HMO is unlicensed, you can complain to your council and may have reduced liability for rent

If you rent a room from a live-in landlord (as a lodger), you may have fewer rights than tenants in a licensed HMO. See official guidance for lodgers in Scotland.

Official Forms for HMO Tenants

• Notice to Leave (Form AT6 / Private Residential Tenancy Notice): Used by landlords to begin eviction proceedings. If you receive a Notice to Leave, check its accuracy and timeframes. View the official notice guidance and forms.
• Repair Reporting to Council: If urgent repairs or safety issues are ignored, contact your council’s Environmental Health service. Find out how to report repairs.
• Rent Increase Objection (Form RRH): If you believe a rent increase isn’t fair, you can refer it to a Rent Officer or the First-tier Tribunal. More on challenging rent increases.

What Happens If an HMO Is Unlicensed?

Scottish law states that landlords must have a valid HMO licence. If you live in an unlicensed HMO:

• You’re generally not required to pay rent if the landlord is prosecuted for operating without a licence
• You have the right to alert your local council anonymously
• The council can take enforcement action, which could benefit all tenants in the property

Your Eviction and Rent Increase Protections

As a renter in an HMO with a private residential tenancy, your landlord must follow strict legal steps to evict you or change the rent:

• Eviction: Your landlord must give you an official Notice to Leave and obtain an eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber).
• Rent Increases: You must receive at least three months’ written notice of any rent increase. You can challenge unfair increases with a Rent Officer or the Tribunal.

These rules are set by the Private Housing (Tenancies) (Scotland) Act 2016¹.

Raise a Concern or Complaint

If you have safety, overcrowding, or repair concerns in an HMO, these are your action steps:

• Contact your landlord in writing and keep a record
• If the issue is not resolved, report it to your council’s HMO officer or Environmental Health team
• For serious cases (e.g., unlawful eviction or unlicensed HMOs), contact the First-tier Tribunal for Scotland (Housing and Property Chamber)

The Tribunal can resolve disputes, enforce repairs, and rule on rent increases or evictions.

FAQs: HMOs and Your Rights in Scotland

1. Do my rights change if my landlord doesn't have an HMO licence?
   Yes, you may be entitled to greater protection, including possible relief from paying rent and stronger support from your local council.
2. Can I be evicted from an HMO for reporting repairs or safety issues?
   No, you cannot lawfully be evicted for making a complaint. Eviction requires proper legal process through the Tribunal.
3. What happens if too many people live in my HMO?
   Overcrowding breaches HMO licence conditions. You should report this to the council, which can take action to protect tenants’ safety.
4. Does an HMO licence affect rent increases?
   While the licence itself doesn’t limit rent, a PRT ensures that all rent increases must follow legal notice periods, and you can challenge them officially.
5. I think my HMO is unlicensed—what should I do?
   Contact your local council’s HMO team. You can report concerns anonymously and protect your rights as a tenant.

Key Takeaways

• HMO licensing in Scotland brings extra safety and repair obligations for landlords
• Your basic renting rights are protected under the Private Housing (Tenancies) (Scotland) Act 2016
• You can report unlicensed HMOs or safety issues to your council or the Tribunal

Understanding how HMO status affects your situation can help you feel safer and more confident as a renter.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Handles tenure disputes, rent, repairs, and evictions
• Scottish Government HMO Information: Guidance on HMO standards, applications, and enforcement
• Find your local council’s HMO officer
• Citizens Advice Scotland – Renting Advice

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Official Scottish Government HMO Guidance
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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