SCHEDULE 4Applications for HMO licences: procedure
Notices: exceptions
I13
1
This paragraph applies where the local authority considers, on the submission of any applicant—
a
that the applicant has been unable to comply with paragraph 2(2) or (3) because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
b
that complying with paragraph 2(2) or (3) is likely to jeopardise—
i
the safety or welfare of any persons, or
ii
the security of any premises.
2
Where this paragraph applies the local authority must—
a
disapply paragraph 2(2) to (8) in relation to the application concerned by serving notice of the disapplication to the applicant, and
b
serve, or require the applicant to serve, notice of HMO application on the occupiers of such premises in the vicinity of the living accommodation concerned as the authority thinks fit.
3
The local authority must give notice under paragraph 2(9)(b) where this paragraph applies because of sub-paragraph (1)(a) of this paragraph.
4
The local authority must not give notice under paragraph 2(9)(b) where this paragraph applies because of sub-paragraph (1)(b) of this paragraph.
5
The Scottish Ministers may give directions to local authorities about circumstances in which authorities must consider that compliance with paragraph 2(2) or (3) is likely to jeopardise—
a
the safety or welfare of persons, or
b
the security of premises.
6
Directions given under sub-paragraph 5 may be varied or revoked at any time.