Houses of Multiple Occupation (HMO) Licensing in Scotland

All Scottish local authorities are required by law to have a licensing system for Houses of Multiple Occupation (HMO). The primary aim of HMO legislation is to promote safety in houses classed as multiple occupation. This will increase the protection of HMO tenants and their neighbours by making sure accommodation is safe, well managed and of good quality.

Typically HMO are thought of as student flats. However, HMO licensing applies to any home let to three or more unrelated people. Where two tenants are cohabiting or married, they count effectively as one tenant for the purposes of this legislation. So three unrelated tenants, where none are co-habiting, can only stay together in a property which is HMO licensed. It is assumed that family members and co-habiting couples will 'look out for each other' more than unrelated individuals will. Hence a couple plus one individual or another couple can share a home without an HMO licence. Likewise, an HMO license is not required for three siblings (sisters or brothers) or a family sharing.

It is a criminal offence to operate an HMO without a licence and the maximum penalty is £50,000 at present. An HMO property may not be lawfully occupied without a licence.

If you have an HMO licence, you are also automatically registered as a landlord.

You can find here all you need to know about applying for an HMO licence in Edinburgh. Letting agents, including Clan Gordon, can provide advice and assistance with your application.
Clan Gordon can also arrange all necessary works to comply with licensing terms.

In HMO licensed properties, landlord obligations for safety are different than in other rented property. You can find a document with detailed information here.