Housing (Scotland) Act 2006

146 HMO amenity notices

(1) This section applies to any living accommodation—

(a) which is, or which the local authority believes to be, an HMO which requires to be licensed under this Part (whether or not so licensed), and

(b) which the local authority considers is not reasonably fit for occupation by the number of persons whom the authority knows or believes to be occupying it.

(2) The local authority may require the owner of any living accommodation to which this section applies to carry out work in the living accommodation for the purposes of making it reasonably fit for occupation by—

(a) the number of persons whom the authority knows or believes to be occupying it, or

(b) such smaller number of persons which the authority considers could be reasonably accommodated in it if the work is carried out.

(3) A requirement under subsection (2) must be made by serving a notice (an “HMO amenity notice”) in accordance with section 158.

(4) The notice must specify, in addition to the matters specified in section 158(12)(a) and (b)—

(a) the work which requires to be carried out, and

(b) the period within which the work must be completed.

(5) The period so specified must be a period of not less than 21 days from the date on which the notice takes effect within which the local authority reasonably considers that the work can be completed.

(6) The HMO amenity notice may also specify particular steps which the local authority requires to be taken in carrying out the work required.

(7) An HMO amenity notice may not require the owner to take any fire safety measures within the meaning of the Fire (Scotland) Act 2005 (asp 5).