Houses In Multiple Occupancy (HMO)

Licence Summary

An HMO licence is required if a property is the only or principal residence or 3 or more unrelated persons who share kitchen/bathroom facilities.

More information about HMOs

Eligibility Criteria

HMO licence applications must be made to Comhairle nan Eilean Siar.

A licence application fee will be payable.

The Landlord must be a 'fit and proper' person to hold the licence.

The property is, or can be made suitable for use as an HMO.

Regulation Summary

Comprehensive information on HMO’s is available from the Better Renting Scotland website.  

Application Evaluation Process

HMO Licences will be granted under delegated powers for a three-year period if:

  • the property is suitable for use as an HMO
  • the applicant is a 'fit and proper' person to hold the licence
  • any day-to-day manager is a 'fit and proper' person to manage the property
  • no objections have been received by the Council.

HMO Licence applications will be determined by the Council's Licensing Committee if:

  • Objections have been received by the Council
  • The applicant and/or the day-to-day manager are not 'fit and proper' persons
  • The work/certification requirements have not been completed within a reasonable time
  • The property is not suitable, nor can it be made suitable for use as an HMO

Will Tacit Consent Apply

By law, the Council has a period of one year, starting from the date of submission of the HMO licence application, to determine the application, failing which the application is automatically deemed to be approved.

Failed Application Redress

If the Council's Licensing Committee refuses an HMO Licence application, the applicant has a right of appeal by way of summary application to the Sheriff Court, within 28 days of the decision being made.

Licence Holder Redress

If the Council's Licensing Committee refuses an HMO Licence application, the applicant has a right of appeal by way of summary application to the Sheriff Court, within 28 days of the decision being made

Consumer Complaint

If you object to the HMO Licence application and the Council's Licensing Committee approves the application, you have a right of appeal by way of summary application to the Sheriff Court within 28 days of the decision being made, provided that you attended the meeting of the Licensing Committee.

Other Redress

There is no further redress.

Trade Associations

None Relevant.

Contact

If you require further information please Contact Us.