SCHEDULE 4

Applications for HMO licences: procedure

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.
Sch. 4 para. 9 in force at 31.8.2011 by S.S.I. 2010/159, art. 3
Sch. 4 para. 9(2) power to disapply conferred (20.11.2014) by Housing (Scotland) Act 2014 (asp 14), ss. 20(2)(a)(iii), 104(3); S.S.I. 2014/264, art. 2, Sch.