Licence - House in Multiple Occupation
The Council would prefer applicants to apply, register or give notification online if at all possible. It will remain possible, however, to arrange for the Licensing Administrator to send you the application/registration form you require or for you to collect forms at the Council's main office at Kilncraigs. You can also download a PDF of the form on the Licensing Application Forms page and lodge the completed form with the appropriate fee and necessary supporting documents with the Licensing Administrator by post or by calling at Kilncraigs.
What is an HMO?
An HMO is a property which is let out to 3 or more unrelated persons where facilities are shared and where the property is the main residence of the occupants.
The need for a licence does not depend on rent being paid, or on any formal tenancy arrangements being in place.
Landlord registration
Where an HMO licence is granted, the details of the licence holder (owner) will be automatically passported to the Landlord Registration Scheme and there will be no further principal fee required by the applicant.
However each property will require to be registered under the landlord registration scheme, with the appropriate fee payable.
As with all let properties, the Landlord is responsible for their tenants and must ensure that their behaviour does not cause alarm, distress, nuisance or annoyance to neighbouring residents.
Licence summary
Mandatory licensing of houses in multiple occupation (HMOs) was introduced in October 2000. A licence is required for every HMO unless the type of accommodation falls within one of the 4 main classes which are exempt from the HMO licensing scheme.
There are four main classes of property that are exempt from the HMO licensing scheme.
- Properties where all the occupants (or at least one member of each family) are owners.
- Properties owned by communal groups, established as a co-operative housing association, the management of which is undertaken by general meeting.
- Properties occupied by members of a religious order.
- Accommodation provided as part of a service registered with the Care Commission as:
- A care home service
- An independent health care service
- A school care accommodation service, or
- A secure accommodation service.
Applications must be made to the local housing authority.
The fee will depend on the number of residents and the duration of the licence.
| First (1yr) Licence | Renewal Application valid for 3 yrs | |
|---|---|---|
| 3 occupants | £158 | £315 |
| 4 - 6 occupants | £210 | £420 |
| 7 - 9 occupants | £360 | £735 |
| 10+ occupants | £478 | £945 |
Regulation Summary
http://www.scotland.gov.uk/Publications/2004/07/19731/40886/
Planning permission
In certain cases, where there are 6+ tenants, an application for a Change of Use must be applied for under Town and country Planning (Use Classes) (Scotland) Order 1997 where the change of use constitutes a development. This should be clarified prior to applying for the HMO licence to avoid the situation where an HMO licence is granted but planning permission is refused.
For assistance contact development_services@clacks.gov.uk
Application Evaluation Process
The owner of the house is responsible for obtaining an HMO licence from the local authority. Before awarding a licence, the authority will make sure that acceptable standards are met in three categories.
- Fit and proper person - the landlord, and any agent managing the property, must be considered a fit and proper person to hold a licence. The local authority will decide this based on individual circumstances. Clackmannanshire recently launched a voluntary landlord accreditation scheme
- Tenancy management - ensuring there are proper tenancy agreements which set out the rights and responsibilities of the tenants and the landlord. This should prevent exploitation or harassment of tenants, and should also help in taking action if tenants' behaviour causes any nuisance to neighbours.
- Physical conditions - including space, facilities for cooking and washing, and safety of the building. See Annex 1
The local authority sets the standards required and also sets the fees charged for a licence application.
Guidance for Landlords sets out more details of the scheme, the licence application process and the kind of standards required as per regulation summary, see above.
There is also advice for tenants
http://www.scotland.gov.uk/Publications/2004/07/19733/40897/
and for the neighbours of HMOs.
http://www.scotland.gov.uk/Publications/2004/07/19733/40897/
Licences will be granted if:
- the house is or can be made suitable for multiple occupation
- the applicant is a fit and proper person and the most appropriate person to hold the licence
- the proposed manager has control of the house, and is a fit and proper person to be the manager
- the management arrangements are satisfactory
What information should the applicant submit
Licence application
Appropriate fee
Copy of occupancy agreement
Gas safety certificates
Evidence of all electrical Portable Appliance Testing
Duration of application process
A licence application must be determined within 12 months. If the council has not determined the application the applicant will be able to act as though their application is granted if you have not heard from the local authority by the end of the 12 month target completion period.
Apply Online
Apply for a house in multiple occupation licence
Supply a certificate of compliance
Application to temporarily licence a house in multiple occupation
Application to renew a licence for a house in multiple occupation
Application to change a licence for a house in multiple occupation
Failed Application Redress
Please contact your Local Authority in the first instance.
You may appeal to sheriff against the decision of the licensing authority
Any appeal must be made within 28 days of the decision being made.
The sheriff may reverse or modify the authority's decision, or he may return the case to the authority to reconsider, with his reasons
Licence Holder Redress
Where a licence has been suspended or revoked:
Please contact your Local Authority in the first instance.
You may appeal to sheriff against the decision of the licensing authority. Any appeal must be made within 28 days of the decision being made.
Consumer Complaint
If a licence is granted and you wish to appeal against it being granted you may do so to the sheriff within 28 days of the decision being made.Other Redress
Any complaints relating to noise. pollution should be sent to ehealth@clacks.gov.uk
An officer will investigate any non antisocial behaviour noise complaints or public health nuisance issues
Useful Links
Voluntary landlord accreditation scheme
http://www.clacksweb.org.uk
Page & Site Tools
Contact information
For further information about this page please contact:
Licensing Administrator, Development & Environment
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: +44 (0)1259 452534
Email: ehealth@clacks.gov.uk
