Local authority action

A local authority has a very wide range of powers to take action in respect of HMOs. But in comparison, its duties are relatively limited.

It is hard for an individual to force a local authority to exercise its powers. This is because local authorities have a fairly wide discretion in relation to when and how to act. However, where for example the local authority has imposed a blanket policy, in other words, has not exercised its discretion at all or has not taken relevant circumstances into account, then challenges may be successful. The appropriate court action is judicial review, which allows administrative decisions to be challenged. In general a person directly affected will find it easier to make a case.

Alternatively a complaint of maladministration can be made to the Scottish Public Services Ombudsman.