a living community

House in Multiple Occupation: Advice for neighbours

This is not to be confused with Party Flats or Holiday Lets which are excempt from registration (see info here)

Many HMOs do not create too many issues for neighbours however there are some which do - and they can be a nightmare to deal with!

The information here is intended as a guide but please look at The City of Edinburgh Council's website for the latest information - here

House in Multiple Occupation: Contacts in Edinburgh 

NEIGHBOUR NOTIFICATION

Granted Applications: A condition of licence requires the licence holder to give notice in writing to every occupier of premises in the same building and the occupiers of adjoining premises which share a common wall, advising them of the name of the licence holder or managing agent, a contact address, daytime
telephone number and emergency telephone contact number.

COMPLAINTS 

Anyone may complaint about a licensed or unlicensed HMO at any time, should they consider it to be causing either undue public nuisance, is a threat to public order or safety, or the owner, landlord, manager is no longer
considered a fit or proper person.

ALL COMPLAINTS SHOULD BE MADE TO:

Environmental and Consumer Services,
Housing and Licensing Section,
The City of Edinburgh Council
Chesser House, Gorgie Road,
Edinburgh EH11 3YJ

When you have gone through the complaints process, you have the right to take your complaint to the Scottish Public Services Ombudsman at 4-6 Melville Street, Edinburgh EH3 7NS Tel: 0870 011 5378

OBJECTIONS 

When either a new HMO or a renewal licence is applied for, a 'site notice' must be displayed for a period of 21 days. This should be at an external location in close proximity to the property, so as to ensure members of the
public are able to view it clearly.

Objections must be lodged 'timeously' within the 21 day period in which the site notice has been displayed.

FORMAL WRITTEN OBJECTIONS SHOULD BE SENT TO:

Licensing Section
The City of Edinburgh Council,
249 High Street

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

What is a House in Multiple Occupation?

A home may be a House in Multiple Occupation (an HMO) if:

1. at least three people live there; and
2. the people who live there belong to three or more families (If the owner lives there, they and their family are not counted); and
3. share a kitchen, bathroom or toilet.

The most common types of HMO are shared flats and houses, but they also include:

• Hostels, for homeless people or temporary workers
• Staff accommodation in hotels, hospitals, etc.
• Bedsits
• Student halls of residence
• Some types of supported accommodation.

What does HMO licensing mean?

The owner of an HMO is required by law to have a licence from the local authority. Before granting a licence the local authority will check that the property meets required standards in three areas. A licence can be suspended if the standards are not maintained throughout the period of the licence.

1. The owner and any manager of the property must be "fit and proper persons" to hold a licence.

The main requirement is that they do not have any convictions that would make them unsuitable to rent out property, such as for fraud. Other information may also be taken into account.

2. The property must be well managed.

• occupants should have a clear statement of what is expected of them and what they can expect of the landlord. This will cover things like how much rent they have to pay and who is responsible for cleaning and maintenance.
• The landlord must ensure the property and fittings are kept in good condition, and any furniture provided is suitable for its purpose.
• The landlord must comply with the law in dealing with occupants' rent and other payments.
• Tenants must not be evicted illegally.
• Tenants should make sure their behaviour does not cause nuisance or distress to other people in or around the HMO. If there are any complaints the landlord must take action to address the problem.

3. The property must meet required physical standards.

• Rooms must meet minimum size standards.
• There must be adequate kitchen and bathroom facilities, and hot and cold water supplies.
• Adequate heating, lighting and ventilation must be provided.
• There must be appropriate fire safety measures. This includes providing smoke alarms, making sure doors are suitable to stop fire spreading, and making sure escape routes are safe.
• Gas and electrical appliances supplied by the landlord must be safe.
• There should be secure locks to prevent intruders and theft.

How can I find out if a landlord is licensed?

Contact CEC (see opposite column) They are required to keep a register of all the licensed landlords in their area.

What if I think the standards are not being met?

Contact CEC (see opposite column). They will be able to give you more advice on the standards. If there is a possible problem they will take it up with the landlord. They will not tell your landlord who made the complaint.

What happens when a landlord applies for a licence, or to renew it?

When a landlord applies for a licence, or applies to renew a licence, a notice must be displayed outside the property to inform people living in the area.

Officers from the local authority, and possibly the fire brigade, will probably need to inspect the property to make sure the physical standards are met. 

Anyone may submit an objection to the local authority against a licence application. The authority will not automatically refuse an application just because there is an objection to it. They will consider whether the objection is reasonable, and take into account all the information they have about the HMO and the landlord.

The local authority has up to 12 months to consider an application for an HMO licence.

If a landlord's application is refused, will occupants be evicted?

If a landlord is refused a licence, he must stop using the property as an HMO. This may mean some tenants are asked to leave. But the landlord must act legally and give the period of notice set down in the tenancy or occupancy agreement.