Search Legislation

Housing (Scotland) Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Terms of HMO licence

 Help about opening options

Changes to legislation:

Housing (Scotland) Act 2006, Cross Heading: Terms of HMO licence is up to date with all changes known to be in force on or before 24 June 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Terms of HMO licenceS

133ConditionsS

(1)An HMO licence may include such conditions as the local authority thinks fit.

(2)The Scottish Ministers may by order require local authorities to include in HMO licences of such description as may be specified in the order such conditions as may be so specified.

(3)A condition included in an HMO licence may specify a date from which that condition is to have effect (and section 134(1) or, as the case may be, 138(8) is of no effect in so far as it purports to bring any condition which specifies such a date into effect before that date).

(4)Where an HMO licence includes, or is varied to include, a condition which requires work to be carried out in any living accommodation, the condition must also specify the date by which that work must be completed.

(5)No date may be specified for the purposes of subsection (3) or (4) which would—

(a)cause a condition of an HMO licence to have effect, or

(b)require the work required by such a condition to be completed,

before the date by which the local authority reasonably considers that the licence holder can secure compliance with the condition or, as the case may be, complete the work.

Commencement Information

I1S. 133 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

134Duration of HMO licenceS

(1)An HMO licence—

(a)has effect from, and

(b)expires 3 years (or such shorter period of not less than 6 months as may be specified in the licence) after,

the latest of the dates set out in subsection (2).

(2)Those dates are—

(a)the date on which notice of the decision to grant it is served on the licence holder under section 158,

(b)where the local authority was required to consider a valid written representation, or decided to consider a late written representation, about the application for the HMO licence—

(i)the last date on which the decision to grant the HMO licence may be appealed to the sheriff by the respondent, or

(ii)where such an appeal is made, the date on which it is abandoned or finally determined other than by quashing the decision to grant the licence, and

(c)any later date as may be specified in the HMO licence.

(3)Subsection (1) does not apply to an HMO licence granted in pursuance of paragraph 9(6) of schedule 4.

(4)An HMO licence which is so granted—

(a)has effect from, and

(b)expires one year after,

the date by which the local authority was required by sub-paragraph (1) of that paragraph to determine the application for that licence.

(5)Sections 135 to 137 set out circumstances in which an HMO licence is to continue to have effect until a later date or, as the case may be, to expire early.

Commencement Information

I2S. 134 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

135Application for new HMO licence: effect on existing HMO licenceS

(1)Where—

(a)an HMO licence has been granted (an “existing HMO licence”), and

(b)an application for a new HMO licence is made in relation to the living accommodation concerned before the existing HMO licence has expired,

the existing HMO licence expires on the date set out in subsection (2).

(2)That date is—

(a)where the new HMO licence is granted, the date from which the new HMO licence has effect, F1...

[F2(aa)where the local authority refuses to consider the application for the new HMO licence—

(i)the date on which the existing HMO licence would expire had an application for a new HMO licence not been made, or

(ii)such later date as the local authority considers reasonable in the circumstances, and]

(b)where the local authority refuses to grant the new HMO licence, the latest of the following dates—

(i)the last date on which the decision to refuse to grant the new HMO licence may be appealed to the sheriff,

(ii)where such an appeal is made, the date on which it is abandoned or finally determined other than by quashing the decision to refuse to grant the new HMO licence, and

(iii)the date on which the existing HMO licence would expire had an application for a new HMO licence not been made.

[F3(3)The local authority must serve notice of a decision under subsection (2)(aa)(ii) to extend (or further extend) the duration of an existing HMO licence on—

(a)the licence holder,

(b)the enforcing authority, and

(c)the chief constable.]

136Change of ownership: effect on HMO licenceS

(1)Subsection (2) applies where—

(a)an HMO licence has effect on the date on which ownership of the living accommodation concerned is transferred by way of sale or otherwise from the licence holder to another person (the “new owner”), and

(b)the new owner is entered in the register maintained by the local authority under section 82(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (the “register of landlords”).

(2)Where this subsection applies, the HMO licence—

(a)is to be treated as having been granted to the new owner, but

(b)subject to sections 135 and 137, expires one month after the date on which ownership of the living accommodation is transferred.

(3)Where the condition in subsection (1)(a) is satisfied but the new owner is not entered in the register of landlords, the HMO licence expires on the date on which ownership of the living accommodation is transferred.

Commencement Information

I4S. 136 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

137Death of licence holder: effect on HMO licenceS

(1)Where a sole licence holder dies, the HMO licence—

(a)is to be treated as having been granted to the licence holder's executor, but

(b)expires 3 months after the date of the death.

(2)The local authority may, on the application of a licence holder's executor, extend the period mentioned in subsection (1)(b) if it is satisfied that it is reasonable to do so for the purposes of winding up the licence holder's estate.

Commencement Information

I5S. 137 in force at 31.8.2011 by S.S.I. 2010/159, art. 3

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources