Housing (Scotland) Act 2006

125 Meaning of “house in multiple occupation”

(1) Any living accommodation falling within subsection (2) is an HMO if it is occupied by 3 or more persons who are not all members of the same family or of one or other of two families.

(2) Living accommodation falls within this subsection if—

(a) it is a house, or

(b) it is, or forms part of, any premises or group of premises owned by the same person and its occupants share one or more of the basic amenities with each other.

(3) The “basic amenities” are—

(a) a toilet,

(b) personal washing facilities, and

(c) facilities for the preparation or provision of cooked food.

(4) For the purposes of this section—

(a) a person is to be treated as occupying living accommodation only if it is that person’s only or main residence,

(b) living accommodation occupied during term time by a person undertaking a full-time course of further or higher education is, at all times during that person’s residence, to be treated as being that person’s only or main residence,

(c) a patient in a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) is not to be treated as occupying the hospital,

(d) a person is not to be treated as sharing a basic amenity if the living accommodation concerned has more than one of any such amenity and the person has exclusive use of at least one of them.