House in Multiple Occupation (HMO)

The Housing (Scotland) Act 2006 Part 5 (Licensing of Houses in Multiple Occupation) 

Licence Summary

A house is an HMO if it is the only or principal residence of three or more qualifying persons from three or more families.

Eligibility Criteria

Please view or download the minimum requirements for HMO properties  (3 pages) 

Applications must be made to The Moray Council.

You must be a fit and proper person to hold the licence.

A fee, determined by The Moray Council, will be payable on application and can be paid online.

Regulation Summary

Copies of the following documents require to be enclosed with the application form or if you apply online they can be submitted electronically:

• Electrical Certificate
• Gas Certificate (where applicable)
• Tenancy Management Agreement
• Building Insurance Certificate
• HMO Cert 2 Certificate of Display
• A single line drawing of the premises requires to be provided

Application Evaluation Process

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

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 The Moray Council by the end of the target completion period.

Fees

The fee you will pay depends on the information you supply in your application. Guidance on how to calculate the fee is given in the electronic form and you will be able to pay online. View the fee table for Environmental Health.

Apply online

To apply online or make a change to a house in multiple occupation licence or to supply a certificate of compliance please use the links in the Online Services box on the right.

or download an Application Pack (19 pages, 312 KB)

Failed Application Redress

Please contact The Moray Council in the first instance, see contact details below.

If you wish to make representations about an application you must do so in writing to the local authority within 28 days of either, the application, the date the application was advertised or any other date given, whichever is later.

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision.  The sheriff can only uphold an appeal if they consider that the licensing authority:

• erred in law
• used incorrect material fact when making their decision
• acted contrary to natural justice
• didn’t exercise their discretion in a reasonable manner

Appeals against a sheriff’s decision can be made to the Court of Session within 28 days of the decision.

Licence Holder Redress 

Please contact The Moray Council in the first instance, see contact details below.

If you wish to make representations about an application you must do so in writing to the local authority within 28 days of either, the application, the date the application was advertised or any other date given, whichever is later.

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision.  The sheriff can only uphold an appeal if they consider that the licensing authority:

• erred in law
• used incorrect material fact when making their decision
• acted contrary to natural justice
• didn’t exercise their discretion in a reasonable manner

Appeals against a sheriff’s decision can be made to the Court of Session within 28 days of the decision.

Other Redress

If you wish to make representations about an application you must do so in writing to The Moray Council within 28 days of either, the application, the date the application was advertised or any other date given, whichever is later.

Trade Associations

None

Contact Details

Environmental Health
The Moray Council
Council Office
High Street
Elgin
IV30 1 BX
Tel: 01343 563345 or 563347
Email: licensing.eh@moray.gov.uk