Housing (Scotland) Act 2006 (asp 1)

Part 5 S Licensing of houses in multiple occupation

General and supplementary S

164 Joint licence holders S

(1) Where living accommodation is owned jointly by two or more persons, an application for an HMO licence for the living accommodation may be made by—

(a) any one of those owners, or

(b) any two or more of those owners jointly,

and references in this Part to an “applicant” or a “licence holder” are to be construed accordingly.

(2) Where one or more (but not all) of the joint licence holders ceases to be an owner of the living accommodation concerned, the HMO licence is to be treated as having been granted to any licence holder who remains an owner.

(3) Where one or more (but not all) of the joint licence holders applies to the local authority to be removed as licence holders, the local authority must—

(a) vary the HMO licence accordingly, and

(b) serve notice of that variation on—

(i) the persons removed as licence holders,

(ii) the remaining licence holder,

(iii) the [F1 enforcing] authority, and

(iv) the chief constable,

within 7 days of the variation.

(4) A variation under subsection (3) has effect from the day on which notice of the variation is served on the remaining licence holder.

Textual Amendments

F1 Words in s. 164(3)(b)(iii) substituted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(1), Sch. 1 para. 17(2)(3)(d)

Commencement Information

I1 S. 164 in force at 31.8.2011 by S.S.I. 2010/159, art. 3