What to Do if Your Landlord Has No HMO Licence in Scotland

Living in a shared property in Scotland often means your landlord must have a House in Multiple Occupation (HMO) licence. But what happens if they don’t? This guide explains your rights, how to check if your home should have an HMO licence, what actions you can take, and how to get official help. Scotland’s rules provide renters with strong protections and options to address unlicensed landlords, ensuring your safety and legal security.

Understanding HMO Licensing in Scotland

An HMO (House in Multiple Occupation) licence is required if:

• Your home is occupied by three or more tenants from more than one household
• You all share facilities like a kitchen, bathroom, or toilet

Almost all HMOs in Scotland must be licensed by the local council. The licensing system ensures proper standards of safety, repair, and management are upheld. For more details, the Scottish Government’s HMO guidance is a useful reference.

The Risks If Your Landlord Has No HMO Licence

If your landlord is operating an HMO without a valid licence in Scotland, there can be serious consequences, including:

• Criminal penalties for the landlord (fines of up to £50,000)
• Difficulty enforcing your tenancy rights properly
• Risk of eviction or unsafe living conditions
• Potential loss of some legal protections if the council decides the property cannot continue as an HMO

Renters are not to blame if their landlord fails to secure an HMO licence, but it is still important you know what to do to protect your home and rights.

How to Check If Your Home Has—or Needs—an HMO Licence

To check if your property should have a licence or actually does, you can:

• Contact your local council’s HMO licensing team for your address
• Ask the landlord or letting agent directly for their HMO licence details
• Look for HMO licence documents displayed in shared areas (a legal requirement)

If the property should be licensed but is not, the landlord is acting illegally under the Housing (Scotland) Act 2006.

Your Rights and What You Can Do

Even if your landlord has no HMO licence, your rights as a tenant remain protected under Scottish law. Here’s what you can do:

• Report an unlicensed HMO to your local council by contacting the HMO team or using their official reporting system (see below for forms)
• Ask the council to investigate—councils can inspect and take enforcement action
• Continue to seek repairs and safety improvements
• Contact support agencies (see "Need Help? Resources" below)

Official Forms and How to Use Them

• Report Unlicensed HMO (no official Scotland-wide form): Most councils offer an online or downloadable form to report an unlicensed HMO. For example, see the Glasgow HMO Report Form. Use this to provide the property address and details. If your council is different, search your council website for “report unlicensed HMO”.
• HMO Licence Application (varies by council): For landlords applying after council enforcement, the MyGov.Scot HMO licence guidance gives details—though renters themselves won’t complete this.

If you experience harassment, illegal eviction, or need to recover rent paid while the landlord was unlicensed, you may apply to the:

• First-tier Tribunal for Scotland (Housing and Property Chamber) – the official tribunal handling disputes between tenants and landlords in Scotland

You can ask for a “Rent Repayment Order” if the landlord should have had, but did not have, an HMO licence.

Relevant Scottish Legislation and Guidance

• Housing (Scotland) Act 2006, Part 5: Licensing of HMOs
• Scottish Government HMO Guide

These documents set out the legal duties and the process for dealing with unlicensed HMOs. Councils can penalise landlords and help protect tenants.

FAQ: Landlord HMO Licensing in Scotland

1. If my landlord doesn’t have an HMO licence, do I have to move out?
   No, you do not have to leave immediately if your landlord doesn’t have the proper licence. Contact your local council for advice and possible enforcement action first.
2. Can I get my rent back if my landlord is unlicensed?
   You may be able to apply for a Rent Repayment Order via the First-tier Tribunal for Scotland. This tribunal can order your landlord to repay rent you paid during the period the property was unlicensed.
3. How can I check if my flat has an HMO licence?
   Contact your local council’s HMO team and provide your address. They will confirm if your property is licensed or not.
4. Will reporting my landlord affect my tenancy?
   By law, your landlord cannot evict, harass, or threaten you simply because you reported a licensing issue. Such actions are illegal and can be reported to the council or police.
5. What is the penalty for a landlord in Scotland with no HMO licence?
   Your landlord could face fines up to £50,000 and be barred from letting HMOs if they are found to have operated without a required licence.

Need Help? Resources for Renters

• MyGov.Scot: HMO Licence Information – General guidance for renters
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For disputes, rent repayment orders, and legal help
• Citizens Advice Scotland: Living in an HMO – Support with rights and complaining safely
• Contact your local council for HMO status, complaints, and safety issues

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1. Housing (Scotland) Act 2006, Part 5 – Licensing of HMOs
2. Scottish Government HMO Licensing Guidance
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. MyGov.Scot: HMO licence advice

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