Reporting Unsafe HMOs to Your Scottish Council

Living in a house in multiple occupation (HMO) can be safe, but if you suspect poor upkeep, fire-safety faults or overcrowding, you can report conditions to your Scottish council. This guide explains what tenants and lodgers should do in Scotland when an HMO feels unsafe: who to contact, which official forms and deadlines apply, what evidence to collect, and how the First-tier Tribunal (Housing and Property Chamber) and local councils can get involved. It uses clear, practical steps so you can act without legal jargon, and it points to the official forms and legislation that apply in Scotland. Keep a record of all communications and take photos to support any complaint.

What counts as an unsafe HMO?

An unsafe HMO is any property where conditions present a health, safety or fire risk to tenants. Common problems that should prompt a report include:

• Mould, persistent damp or leaking roofs and pipes
• No or faulty heating and hot water
• Unsafe electrics, exposed wiring or frequent power trips
• Fire safety issues such as missing smoke alarms or blocked escape routes
• Severe disrepair that affects habitability

Who to contact first

If you are worried, start by contacting the people who can inspect and enforce standards locally.

• Contact your local council environmental health or housing standards team to request an inspection; councils enforce housing standards and can require repairs.
• Tell your landlord or managing agent in writing and keep a dated record of messages, photos and receipts as evidence.

Official forms and legislation

Several official forms and pieces of legislation apply when reporting unsafe HMOs in Scotland. The main national law relevant to private tenancy rights is the Private Housing (Tenancies) (Scotland) Act 2016^[1]. For enforcement and dispute resolution, use the First-tier Tribunal (Housing and Property Chamber)^[2]. For council reporting and HMO licensing guidance, see Scottish Government and MyGov Scotland resources^[3].

Key forms and how to use them

• HMO licence application (varies by council). When used: landlords must apply for a licence for certain shared houses; a tenant might ask the council to check whether a licence is required. Example: ask your council to check if the property needs an HMO licence and request the licence application or inspection if rules appear unmet.
  Scottish council reporting guidance
• Housing standards / environmental health complaint form (local council online form). When used: tenants submit this to request an inspection for disrepair, damp or hazards. Example: submit the council form with photos of mould and leaks, plus dates of prior requests to the landlord.
  How to report housing problems in Scotland
• Application to the First-tier Tribunal (Housing and Property Chamber) — use the tribunals application form. When used: if the council or landlord does not secure repairs, a tenant can apply to the tribunal for orders such as repairs, rent repayment or other remedies. Example: after a council inspection finds a hazard but landlords do not act, a tenant may apply to the Tribunal to enforce repairs.
  First-tier Tribunal (Housing and Property Chamber) applications

What councils can do

Local councils have powers to inspect and, where necessary, to serve improvement notices, prohibition orders or require HMO licences. Councils may also arrange emergency repairs or temporary rehousing in extreme cases.

FAQ

Can my council force a landlord to repair an HMO?

Yes. If an inspection finds hazards, a council can serve improvement or prohibition notices and require repairs or safety work; failure to comply can lead to fines or prosecution.

What if my landlord retaliates after I complain?

Retaliatory eviction or harassment is not lawful; keep evidence of the complaint and any landlord actions, and report harassment to the council and seek advice from tenant support services.

How long will it take for an inspection?

Times vary by council workload and the urgency of the issue; urgent hazards are usually prioritised and inspected sooner.

How-To

1. Contact your local council environmental health team to report the issue and request an inspection.
2. Collect evidence: take dated photos, keep copies of messages and a log of problems and landlord responses.
3. Submit the councils housing complaint or HMO query form and attach your evidence.
4. If the council or landlord does not act, apply to the First-tier Tribunal (Housing and Property Chamber) for enforcement or remedies.

Key Takeaways

• Keep dated records and photos of hazards and all communications with your landlord.
• Report unsafe HMOs to your local councils environmental health or housing standards team first.
• Use the Tribunal application if local enforcement does not secure repairs or compliance.

Help and Support / Resources

• Contact your local council via MyGov Scotland for housing disrepair and HMO queries
• Apply to the First-tier Tribunal (Housing and Property Chamber)
• Read the Private Housing (Tenancies) (Scotland) Act 2016

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1. [1] Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
2. [2] First-tier Tribunal for Scotland (Housing and Property Chamber)
3. [3] MyGov Scotland - reporting housing problems and HMO guidance