HMOs post August 2011

On 31 August 2011 the legislation covering the licensing of House in Multiple Occupation (HMO) changed. Previously, it was the Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000 and from 31 August 2011 it is now Part 5 of the Housing (Scotland) Act 2006.

Most properties that were already licensed under the old legislation will automatically become licensed under the new licensing regime, with the same expiry date and licensing conditions.

Any licence applications lodged prior to 31 August 2011 should be processed under the old regime and if granted it will be licensed under the new regime. If the licence is not granted then the landlord will be able to appeal the decision under the old regime. This is the same if the licence is granted and any neighbours want to appeal against this decision

For more information the Scottish Government has issued guidance on the transition.