Houses in Multiple Occupation (HMO)
The Housing (Scotland) Act 2006 Part 5
(Licensing of Houses in Multiple Occupation)
A house is an HMO if it is the only or principal residence of three or more qualifying persons from three or more families.
You must be a fit and proper person to hold the licence. Please view or download the minimum requirements for HMO properties (PDF).
Upcoming changes in legislation
Energy Efficiency (Private Rented Property)(Scotland)Regulations 2019
Any landlord advertising a property to let in Scotland is required by law to provide an EPC for that property and must display the EPC rating in the advert.
This applies to Houses in Multiple Occupation (HMOs) as well.
Given that this is an existing legal requirement, HMOs must therefore comply with the minimum standards set out in these Regulations.
The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019, due to be laid before the Scottish Parliament later this year. Proposals are as follows:-
|Date||EPC Standard||Properties in scope|
|From 1 April 2020||EPC E||Change in tenancy|
|By 31 March 2022||EPC E||All tenancies|
|From 1 April 2022||EPC D||Change in tenancy|
|By 31 March 2025||EPC D||All tenancies|
The full regulations are available here: The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019
Home Energy Scotland (HES) can provide impartial advice on energy efficiency improvements and on funding options, including what financial help might be available. HES can be contacted on Tel. 0808 808 2282 or at https://www.energysavingtrust.org.uk/scotland/grants-loans
The Scottish Government have also produced a useful webpage where you can obtain further information.
A fee, determined by us, will be payable on application and can be paid online.
Please ensure that the following documents are enclosed with your application form:
- Cheque for the appropriate fee made payable to the Moray Council (if not paid online)
- HMO Cert 2 Certificate of Display
Failure to submit any of the above documents will result in the process of the application being delayed.
Please ensure that the following document is submitted immediately after being displayed at the property for 21 days:
- HMO Cert 1 Certificate of Display.
The following documents must be submitted within 28 days of the date on the HMO application form:
- Single line drawing of the property (if this is the first application for an HMO licence, or any structural improvements have been done)
- Copy of Gas Safety Certificate (where applicable)
- Copy of Electrical Safety Certificate
- Copy of Building Insurance
- Copy of Tenancy Management Agreement (only required if original document has been amended)
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
Read our Guidance Notes (PDF) for more information before completing a form.
Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from us by the end of the target completion period.
To apply online for a licence, make a change to an existing licence, or to supply a certificate of compliance please use the links below, or download an Application Pack.
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