(1) The local authority may refuse to grant an HMO licence if it considers that there is (or, as a result of granting the licence, would be) overprovision of HMOs in the locality in which the living accommodation concerned is situated.
(2) In considering whether to refuse to grant an HMO licence under subsection (1), the local authority must have regard to—
(a) whether there is an existing HMO licence in effect in respect of the living accommodation,
(b)the views (if known) of—
(i)the applicant, and
(ii)if applicable, any occupant of the living accommodation,
(c)such other matters as the Scottish Ministers may by order specify.
(3)It is for the local authority to determine the localities within its area for the purpose of this section.
(4)In considering whether there is or would be overprovision for the purposes of subsection (1) in any locality, the local authority must have regard to—
(a)the number and capacity of licensed HMOs in the locality,
(b) the need for housing accommodation in the locality and the extent to which HMO accommodation is required to meet that need,
(c)such other matters as the Scottish Ministers may by order specify.
(5)Before making an order under subsection (2)(c) or (4)(c), the Scottish Ministers must consult—
(a)local authorities,
(b)such persons or bodies as appear to them to be representative of the interests of—
(i)landlords,
(ii)occupiers of houses, and
(c)such other persons or bodies (if any) as they consider appropriate (which may include landlords or occupiers of houses).]
Textual Amendments
F1S. 131A inserted (31.1.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 13(4), 41(3); S.S.I. 2012/2, art. 2, Sch. (with art. 3)