Maximum Number of Occupants in Shared Scottish Rentals

If you're renting in Scotland and wondering how many people can legally share a property, it's important to understand local overcrowding rules, House in Multiple Occupation (HMO) licensing, and what actions you can take if you're concerned about living conditions. This guide breaks down what you need to know as a renter, using clear language and focusing on your rights in Scotland.

Understanding Occupancy Limits in Scotland

The number of people allowed to share a property in Scotland is governed by a combination of local authority regulations, Housing (Scotland) Act 1987: Statutory Overcrowding Standards^[1], and HMO licensing for certain types of shared housing.

What Is Considered Overcrowding?

Overcrowding is determined by set legal standards relating to the number of people, their ages, and the available sleeping spaces.

• Room standard: If two people over 10 years old of the opposite sex have to sleep in the same room (unless they are a couple), the house is overcrowded.
• Space standard: This is based on the number and size of bedrooms/living rooms available. For example, more than two people over 10 years old in a single room is usually not permitted.

Your local council can determine if your property is overcrowded; you can report overcrowding to your council if you are concerned.

What is an HMO and When Is One Required?

A House in Multiple Occupation (HMO) refers to a property rented out to three or more people from more than one household, where tenants share bathroom or kitchen facilities. Under the Housing (Scotland) Act 2006^[2], HMO properties must be licensed by the local council.

• If you live with at least two other unrelated people, your landlord usually needs an HMO licence.
• Licensing ensures safety standards, proper facilities, and prevents overcrowding.
• You can verify a landlord's HMO licence with your local council or use the official HMO checker tool.

How Do Councils Decide Maximum Occupancy?

Councils set occupancy limits based on:

• The number and size of sleeping rooms
• Ages and relationships of occupants
• Facilities like kitchens and bathrooms
• HMO licence conditions (if applicable)

Breach of occupancy limits in a tenancy agreement or exceeding the legal standards can have serious consequences, including possible eviction or formal council action.

Official Forms and How Renters Can Use Them

• Application for HMO Licence (no form number)
  Use: If a property you're considering renting is being made into an HMO, your landlord must apply to the council for this licence. Renters do not apply themselves but can ask for proof of licence.
  Learn about HMO licensing and apply.
• Report Overcrowding (online form or local council form)
  Use: If you believe your property is overcrowded, you can report this to your local authority, who will investigate.
  Report overcrowding to your council.

HMO licence conditions can be found directly with your council. If you suspect your landlord does not have a required licence, you can raise this with the authorities.

What If My Landlord Ignores the Rules?

If a landlord fails to meet legal occupancy standards or gets caught operating an unlicensed HMO, they may be subject to enforcement. The First-tier Tribunal for Scotland (Housing and Property Chamber) handles most residential tenancy disputes and complaints about landlord practices. You can find more information or submit an application at the First-tier Tribunal's website.^[3]

FAQ: Shared Occupancy and Scottish Rentals

1. Do children count toward the total number of occupants?
   Yes, but age matters. Children under 10 count as half a person for some legal occupancy calculations, while those 10 and over count as a full person.
2. What happens if the property is found to be overcrowded?
   The council may take enforcement action, such as ordering the landlord to reduce the number of residents or improve the property. This does not automatically result in tenant eviction.
3. What’s the difference between a lodger and an HMO tenant?
   A lodger lives with their landlord and usually does not trigger HMO requirements. An HMO requires three or more unrelated tenants who do not live with the landlord.
4. If my landlord isn’t licensed for an HMO, what should I do?
   You can report this to your local council. Operating an unlicensed HMO is illegal and may affect your safety and rights.
5. Can the council force me to move out if the property is overcrowded?
   The council will work with the landlord to fix the situation first. You're not immediately required to move out unless your safety is at risk.

Conclusion: Key Takeaways for Renters

• The legal number of people sharing a property in Scotland depends on the room and space standards laid out by law and council rules.
• Three or more unrelated tenants sharing should prompt the landlord to obtain an HMO licence.
• If overcrowding is a concern, renters can report this to their council and seek help from the Housing and Property Chamber.

Always ask about occupancy limits and check the HMO licence status if you are moving into a shared property in Scotland.

Need Help? Resources for Renters

• Scottish Government guide to HMO licensing
• First-tier Tribunal for Scotland (Housing and Property Chamber): Tenancy disputes and complaints
• How to report overcrowding in Scotland
• Contact your local council for advice on shared housing standards and HMO requirements

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1. Housing (Scotland) Act 1987, Section 135: Overcrowding standard
2. Housing (Scotland) Act 2006, HMO licensing
3. First-tier Tribunal for Scotland (Housing and Property Chamber)

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