Houses in Multiple Occupation: Licence Information

House in Multiple Occupancy

More information
Houses in Multiple Occupation: licence information
The application and inspection
Licence standards
Tenancy management
The decision process
Issue of licence

The City of Edinburgh Council, like all Scottish councils, is required by law to introduce a licensing system for houses in multiple occupation (HMO). The aim is to increase the protection for tenants and neighbours by making sure accommodation is safe, well managed and of good quality. Houses in multiple occupation include shared flats and houses, bed-sits, lodgings, communal accommodation such as student residences and hostels.

Environmental and Consumer Services act as a single point of contact for all matters relating to licensing of HMOs. This includes:

• co-ordinating inspections of premises
• preparation of reports
• enforcement where there is a breach of licence conditions or operation of an HMO without a valid licence.

More information

If you would like a printed copy of the HMO document or you would like more information or guidance, please contact Environmental and Consumer Services:

1. by telephone: 0131 469 5193
2. by fax: 0131 469 5146
3. by email
4. in writing: Environmental and Consumer Services, The City of Edinburgh Council, Chesser House, 500 Gorgie Road, Edinburgh EH11 3YJ.

Houses in Multiple Occupation: Licence Information

The law is there to protect you:

All Councils are required by law* to introduce a licensing system for Houses in Multiple Occupation. The aim is to increase the protection for tenants and neighbours by making sure accommodation is safe, well managed and of good quality. Houses in Multiple Occupation (HMO) include shared flats and houses,
bed-sits, lodgings, communal accommodation such as student residences and hostels.

Properties need to be licensed now if:

• it is the main home of four or more residents
• the residents are members of more than two families

Otherwise, you must apply for a licence by these dates depending on how many
people live in the property:

• three residents by 30 September 2003

The Environmental and Consumer Services department acts as a single point of contact for all matters relating to licensing of HMOs. This includes:

• co-ordinating inspections of premises
• preparation of reports
• enforcement where there is a breach of licence conditions or operation of an HMO without a valid licence.

*The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple
Occupation) Order 2000.

The application and inspection

You can obtain a licence application form from the City of Edinburgh Council, Licensing Section, 343 High Street, Edinburgh EH1 1PW. Tel 0131 529 4208 or by downloading the PDF at the bottom of this page.

The completed application should be returned to the Licensing Section and must be accompanied by the following:

1. the application fee (see form)
2. four copies of a plan of the property
3. a copy of the lease/tenancy agreement in use and a list of current tenants
4. a copy of rent records.

The floor plan may be a simple line drawing but it must be accurate, preferably to scale but a close approximation would be acceptable. It should state the use of each room, and show the location of all windows, internal glazing (e.g. "stolen lights" between kitchens and bathroom, windows on the common stair and fanlights above doors), doors, stores/cupboards, sanitary facilities, extract fans and duct routes. If there are any timber linings to walls and ceilings in a kitchen and hall then should be noted on the drawing.

You should also note the location of any combustible appliance, telephone point, the locations of any mains powered smoke or fire alarm system and indicate the location of electric sockets.

Copies of your application will be sent to Lothian and Borders Police, Lothian and Borders Fire Brigade and three Council departments – Environmental and Consumer Services, City Development and Housing.

A representative from Environmental and Consumer Services will contact you and arrange for a suitable time for the inspection team to visit the property. This team is made up of officers from Lothian and Borders Fire Brigade, City Development (Property Management) and Environmental and Consumer Services.

Applicants will receive an inspection report and will be asked for their comments prior to the application being considered by the Council.

Site notice (for all new and renewal applications)

Applicants must display the site notice, which is provided with the application
form, on or near the property in a position where it can be easily read for a
period of 21 days from the date of application (not within the common stair).
You must return a copy of the notice – with the certificate at the foot
completed – to the Licensing Section.

Licence standards

The City of Edinburgh Council has adopted the Benchmark Standards in the Scottish Executive booklet ‘Guidance on Mandatory Licensing of Houses in Multiple Occupation’ for its assessment of properties. The booklet is available, for a small charge, from the Stationary Office Bookshop, 71 Lothian Road, Edinburgh EH3. Tel 0870 606 5566 or on the Scottish Office website.

A summary of the Benchmark Standards is given below

• 1 Space Bedrooms where common living room is also available: single room (one adult) 6.5 sq metres
• double room (two adults) 10.5 sq metres
• triple room (three adults) 16.5 sq metres
• more than three adults 16.5 sq metres
• 4.5 sq metres per additional adult family room
• (two adults children under 10) 10.5 sq metres 4.5 sq metres per child

Bedrooms where no communal living area is available

• single room (one adult) 10.0 sq metres
• double room (two adults) 15.0 sq metres
• triple room (three adults) 19.5 sq metres
• more than three adults 19.5 sq metres 6 sq metres

per person over three

• family room
• (two adults children under 10) 15 sq metres 7 sq metres per child

Bedrooms with cooker

• one adult 13 sq metres
• two adults 19.0 sq metres

In normal circumstances children would not be accommodated in bedrooms with cookers. If – in exceptional circumstances – they are, appropriate measures must be taken to ensure their safety:

• every bedroom should be capable of accommodating a bed, wardrobe and a chest of drawers
• every bedroom should be located so that it is not necessary to pass through another bedroom in order to reach a bathroom, toilet, or an area such as a hallway.

Communal living room

• 3 – 6 persons 11.0 sq metres
• 7 – 10 persons 16.5 sq metres
• 11 – 15 persons 19.5 sq metres

Kitchens

• sinks with integral drainers – one for every six people
• cookers – one for every six people unless board is provided
• adequate food storage, waterproof work surfaces and refuse
• disposal facilities

Sanitary Facilities

• toilet – one for every five people
• bath or shower – one for every six people
• washbasin – within or adjacent to each toilet
• each letting unit shall be no more than one floor from appropriate sanitary facilities

Water Supply and Drainage

All facilities must have a safe hygienic drainage system and suitable and
sufficient hot and cold water.

Heating

Each bedroom and living room must have fixed space heating or be served by
central heating. Liquefied petroleum gas (LPG) must not be used or stored on the
premises.

Lighting and Ventilation

Every bedroom or living room must have a glazed window equal to at least 1/15th
of the floor area.

Every bedroom and living room must have a window or windows with an opening area
equal to at least 1/30th of the floor area.

Every kitchen, bathroom and toilet must have either natural ventilation, with a
window opening area equal to at least 1/30th of the floor area, or adequate
mechanical ventilation to the outside air.

All windows must be situated in external wall or roof.

There must be an electric lighting system providing at least one lighting point
to every room or circulation space.

Boxrooms

Boxrooms which are not provided with natural lighting and ventilation are not
suitable for use as living or bedroom accommodation regardless of size.

Tenancy management

The main job of the Housing staff involved in the licensing process is to ensure that proper standards of tenancy management exist.

The Scottish Executive Guidance puts major emphasis on issues of tenancy management. The Housing Department has adopted these benchmark standards as they are fair and reasonable.

The Housing Department’s ‘Private Rented Sector Team’ (PRST) may visit residents within premises and may require to meet separately with the applicant or their agent.

Applicants and/or their agent must keep accurate rent records. The PRST will require to see and approve the format of how these records are kept.

Tenancy agreements used by an applicant or agent must be approved for use, and sample leases that meet the requirements of the Licensing Scheme are available from Letwise free of charge.

Letwise also gives advice to both landlords and tenants on their respective rights and obligations.

Lothian and Borders Police

All licence applications will be circulated to Lothian and Borders Police who will advise the Council if you have any convictions which suggests that you should not be granted a licence.

Any convictions, whether listed on the application form or not, will be considered.

Neighbourhood objections and complaints

Neighbours may raise an objection to a new or renewal application should they consider the landlord or manager is not a fit and proper person, or the premises are not suitable for use as an HMO.

In addition, neighbours may complain at any time to the Council should they consider an existing licensed HMO:

• is causing undue public nuisance or threat to public order or safety
• the landlord or the manager is no longer a fit or proper person.

All written complaints or objections should be sent to:

The Licensing Section, The City of Edinburgh Council, 343 High Street, Edinburgh EH1 1PW.

Complainants and objectors will receive at least seven days notice should they wish to appear and be given the opportunity to speak to the Regulatory Committee.

The decision process

Your HMO application will be considered within three months and the Council has to make a final decision on your application within 12 months.

The extended period is to allow applicants additional time to obtain any permissions, or to carry out necessary work that may be required before the licence is granted.

Should the 12-month period be insufficient, the Council may in exceptional circumstances apply to the court to extend the licensing period. This is only likely to happen if you have arranged for an extensive amount of work to be carried out.

Applications that meet the standards and do not attract any local objections will be granted and the licence will be sent to you.

Applications will only require to be heard by the Regulatory Committee where:

1. objections have been received
2. the property does not meet the standards
3. the completed site notice has not been returned to the Licensing Section.

The inspection report will detail any works needed to comply with the standards.

The Regulatory Committee meets monthly. Should your application need to be heard, a letter will be sent inviting you, or your representative, to attend.

You will also be sent copies of all papers and objections to the application the Committee will be considering.

Issue of licence

Within 7 days of grant of license you will receive a letter confirming the terms and conditions on which the license has been granted and advising you of any right of appeal to the court.

Once the license document is received by you, you should arrange to display the license and a set of standard conditions attached to it in a prominent position within the premises. The letter sent to you will also detail how to comply with a new condition which has been introduced by the Council requiring you to notify the grant of license to every occupier of premises within the same building and the occupiers of all premises and adjoining buildings which share a common wall with your premises. You will be provided with a style of notice and you will require to provide your neighbours with the name of yourself of your managing agent, a contact address and daytime telephone contact number and an emergency telephone number. You will require to give notice within 21 days of receiving your license and will have to confirm to the Licensing Section that your neighbours have been duly notified.

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HMO form (PDF) (182 kB)