Housing (Scotland) Act 2006

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

This section has no associated Explanatory Notes

(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, 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.