Houses in multiple occupation (HMO's)
Licensing of Houses in Multiple Occupation
The council's Licensing Team is responsible for licensing of houses in multiple occupation.
The Scottish Government introduced mandatory licensing of Houses in Multiple Occupation (HMOs) in October 2000. The purpose of licensing is to ensure that HMOs meet minimum standards of accommodation and safety for tenants and are managed so that they are not a source of nuisance in the neighbourhood.
What is an HMO?
A House in Multiple Occupation is a house which is the only or principal residence of three or more unrelated persons or family units where they share use of a toilet, personal washing facilities or cooking facilities. A HMO licence is required for every house or flat that is occupied in this way. Flats or bedsits which are otherwise separate, are considered part of one house if they share cooking, washing or toilet facilities. Resident landlords and members of their family are not counted when the number of occupants is calculated, so they only need a licence if they have three or more tenants living with them.
The Licensing Process
The owner of the house is responsible for applying for and obtaining an HMO licence from the council. Before awarding a licence, the council's Environmental Protection and Building Standards teams, in conjunction with Scottish Fire & Rescue, will make sure that acceptable standards are met.
The owner must then complete and display a notice outside the property (in an accessible location for the public) for 21 days from the date of the licence application. This notice advises local residents of the HMO Licence Application and gives them the opportunity to object to the application should they wish. Once this notice has been displayed for the required time, the owner must complete and return the Certificate of Compliance, confirming the dates that the notice was displayed and any measures taken to replace the notice if it had been removed or damaged at any time during the 21 days.
The required documentation as detailed in the application pack must also be submitted.
We will check that the owner and any proposed day-to-day manager of the premises are 'fit and proper' persons to operate an HMO, this is undertaken by Police Scotland.
A joint inspection of the property may be undertaken by Environmental Protection, a Building Control Officer and a Fire Officer. If work to the property is required, for it to meet the licence standards, you will be notified of this.
What do we look for?
- Fire Safety - including Fire Risk Assessment, Automatic Fire Detection, Fire Doors, Emergency Lighting, Signage, Escape Routes, Training.
- Management of the property including licensing conditions, tenancy/occupancy agreements.
- Physical standards including compliance with Building regulations, space and layout, kitchens, sanitary facilities, water and drainage, space heating, lighting and ventilation, gas and electrical safety, noise reduction, anti-social behaviour issues and security.
What if objections to the licence application are received?
If no objections are received, the Licensing team have delegated powers to determine applications.
If objections are received then a report is prepared and presented to the Council's Licensing Sub-Committee. Objectors and the applicant are given the opportunity to attend and speak at this meeting.
Make a comment on an application
Application forms and documents
Download the HMO application form
Download the HMO Guidance Notes
Download the HMO Site and Compliance Notices
Planning
If the occupation of a house changed from family use to an HMO with no more than 5 occupants, there would therefore be no requirement to obtain planning permission for a change of use on that ground alone. However, a change from a family home, however large the family, to a house with more than five occupants who do not form a family, may represent a change of use constituting development, depending on the circumstances of the case. Where development was involved, and the multiple occupation was not a 'lawful use', planning permission would be required.
Unlicensed HMOs
If you suspect that a property is being operated as an unlicensed HMO then please contact the Licensing Team on 01620 827664 or email hmo@eastlothian.gov.uk
Further information is available from the Scottish Government website.