Key HMO Law Changes Every Renter in Scotland Should Know

The law governing Houses in Multiple Occupation (HMOs) in Scotland has recently changed, affecting thousands of renters in shared housing. Whether you’re already living in an HMO or considering moving into one, understanding these updates is essential. This article breaks down the new rules, what they mean for your everyday life, and how to take action if your rights are not respected as a renter in Scotland.

Understanding HMOs and the Latest Legal Changes

A House in Multiple Occupation (HMO) is a property rented by at least three people who are not from the same family or household, but share facilities such as a bathroom or kitchen. HMOs are common for students and young professionals. Scottish HMO licensing is designed to protect tenants’ health, safety, and welfare.

What’s New for HMO Tenants in Scotland?

As of 2024, the main changes to HMO rules in Scotland include:

• Tougher HMO Licensing Standards: All new and renewed HMO licences now require stricter fire, safety, and overcrowding standards in accordance with local authority guidance.
• More Regular Inspections & Enforcements: Councils will carry out periodic checks and can suspend HMO licences faster in cases of non-compliance or tenant safety concerns.
• Mandatory Disclosure: Landlords must provide HMO tenants with written tenancy agreements and up-to-date safety certificates, including Gas and Electrical Safety Certificates.
• Greater Powers for Councils: Local authorities now have increased authority to refuse or revoke licences where a landlord does not meet the “fit and proper person” test or breaches standards.
• Expanded Overcrowding Notices: If a property is found to be overcrowded, councils can issue a formal notice requiring the landlord to take immediate steps to resolve the issue.

These changes aim to improve living standards, safety, and the accountability of HMO landlords throughout Scotland. For full details, refer to the Housing (Scotland) Act 2006 and the latest amendments.^[1]

What Should HMO Renters Do?

If you rent in an HMO, you should:

• Check that your landlord’s HMO licence is valid by searching your council’s public HMO register.
• Ensure you receive a written tenancy agreement (including all new legal clauses introduced in 2024).
• See current safety certificates – especially Gas Safety, Electrical Safety, and Fire Risk Assessments.
• Report concerns about safety, overcrowding, or landlord behaviour to your local council immediately.

Never feel pressured to accept unsafe or illegal conditions. Councils and the First-tier Tribunal for Scotland (Housing and Property Chamber) are there to uphold your rights.

Key Official Forms for HMO Renters

Below are official forms and what they mean for you as a tenant:

• HMO Licence Register Search (Council resource): No formal form, but you can check if your property is licensed via your local council’s HMO public register. If you suspect an offence, you may contact the council’s private rented services for intervention.
• HMO Overcrowding Statutory Notice (Local Authority): If your property exceeds safe occupancy, the council will issue the landlord with an official overcrowding notice. As a tenant, if your household has grown or you believe there are too many people, notify your council using their general concerns/complaints form (see your council housing webpage).
• Repair Reporting – Housing (Scotland) Act 2006 Section 22 Application: Tenants can use the First-tier Tribunal's Repair Application form to make a complaint if the landlord isn’t meeting repair or safety standards in an HMO. Example: If your landlord ignores repeated requests about faulty fire alarms, use this form to escalate.

Practical Example: If you report a broken fire alarm and your landlord fails to act, gather evidence (photos, written requests). Notify your council’s HMO team or, if there is no response, complete the First-tier Tribunal’s complaint form. For guidance, visit the Housing and Property Chamber – First-tier Tribunal for Scotland.^[2]

Which Tribunal Handles HMO Disputes?

The First-tier Tribunal for Scotland (Housing and Property Chamber) is responsible for resolving HMO-related complaints, repairs disputes, and other housing issues between tenants and landlords.

Summary of Relevant Legislation

• Housing (Scotland) Act 2006 — Main law covering HMOs, repairs, and safety.
• Private Housing (Tenancies) (Scotland) Act 2016 — Lays out the rights of private tenants, including those in HMOs.

FAQ: Recent HMO Law Changes for Renters in Scotland

1. What is an HMO in Scotland?
   An HMO (House in Multiple Occupation) is a rented property shared by at least three people from different households, with shared bathroom or kitchen facilities.
2. How do I check if my HMO is licensed?
   Use your local council’s online HMO register (see this guide on HMO licences) for a public list of licensed properties.
3. What can I do if my HMO is overcrowded?
   Report concerns to your council’s HMO licensing team. If statutory overcrowding occurs, the council can issue a formal legal notice to your landlord.
4. Can my landlord evict me for reporting safety issues?
   No. Evicting you in retaliation for reporting repairs or safety breaches is unlawful under the Private Housing (Tenancies) (Scotland) Act 2016. You can seek help via the Tribunal.
5. How do I make a complaint if my landlord breaches HMO conditions?
   Start by contacting your local council. If this does not resolve the issue, submit a complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber).

Conclusion: What Scottish HMO Renters Need to Remember

• Stay informed about tighter HMO licensing standards and your rights to a safe, well-managed home.
• You have official pathways to report problems and seek resolutions — your local council and the First-tier Tribunal are there to assist.
• Make sure you have a proper written tenancy agreement and all safety documents from your landlord.

The recent legal changes aim to improve HMO renter protection in Scotland. Take action early if you notice issues and know there is support available.

Need Help? Resources for Renters

• Scottish Government HMO Licence Information
• First-tier Tribunal for Scotland (Housing and Property Chamber) — File a repairs or HMO complaint
• Shelter Scotland — Free housing rights advice
• Contact your local council’s HMO licensing team to report HMO issues

---

1. [1] See Housing (Scotland) Act 2006 for legal definitions and duties regarding HMOs.
2. [2] The First-tier Tribunal for Scotland (Housing and Property Chamber) handles tenancy disputes, repair applications, and issues related to HMO licensing.

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation