Housing (Scotland) Act 2006

Time limit for determining application

9 (1) The local authority must decide whether to grant or refuse an application for an HMO licence within 12 months of it receiving the application.

(2) The period mentioned in sub-paragraph (1) may be extended by the sheriff, on summary application by the local authority, by such period as the sheriff thinks fit.

(3) The sheriff may not extend a period unless the local authority applies for the extension before the period expires.

(4) The applicant is entitled to be a party to any proceedings on such a summary application.

(5) The sheriff’s decision on such an application is final.

(6) If the local authority does not determine an application for an HMO licence within the period mentioned in sub-paragraph (1) (or that period as extended), the authority is to be treated as having decided to grant the HMO licence unconditionally.

(7) Sub-paragraph (6) does not affect the local authority’s power to vary or revoke an HMO licence granted in pursuance of that sub-paragraph.