Licence for a house in multiple occupancy

Licence summary

To have multiple occupants in a house in Scotland, you need a licence from the local authority. If you rent a house to multiple occupants in Scotland you will need a licence from your local authority if the property has three or more unrelated occupants and it is their main residence. This applies whether or not the landlord lives at the property.

Eligibility Criteria

You can only give permission for a house to be used under multiple occupancy if:

you are the owner of the house
you knowingly give permission for it to be occupied
the house is a house in multiple occupation

You must be a fit and proper person to hold a licence and not be disqualified from holding a licence. If the licence is for an activity that is being managed for or carried on for a person who would not be granted a licence the licence will be refused.

The premises must be suitable. The following will be taken into consideration when deciding if the premises are suitable:

the location, character and condition of the premises
the type of proposed activity/occupation
the kinds of people who will live in the premises
the possibility of public nuisance
public order and safety

Regulation Summary

See the External Links section on this page for the regulation summary.

Application Evaluation Process

Except in the case of a house that is to be used as a women's refuge the applicant must put up a notice near the premises for 21 days beginning with the date of the application. This must state that an application has been made, details of the application, eg the applicant's name and address, that objections and representations can be made and how they can be made. Once the notice has been up for 21 days the applicant must submit a certificate of compliance to the authority. An authority will need the certificate before they can make a final decision on the application.

The authority will give the public notice of the application in local newspapers. The notice will state how representations can be made. If they fail to reach a decision by this deadline the application will be deemed successful. The licensing authority will send a copy of the application to the local chief constable and to the appropriate relevant authority (or where applicable the enforcing authority under the Fire (Scotland) Act 2005).

The enforcing or relevant authority may be the Health & Safety Executive, the fire service or the local authority.

If the application is for a property that will be used as a women's refuge the local authority will give notice in writing to people who reside in the vicinity of the premises.

Will Tacit Consent Apply?

Yes. This means that you will be able to act as though your application is granted if you have not heard from the local authority by the end of the target completion period

Apply online

Please use the link under the External Links section on this page to submit an application.

Failed Application Redress

Please contact your Local District Council in the first instance. If you wish to make representations about an application you must do so in writing to the local authority within 28 days of either, the application, the date the application was advertised or any other date given, whichever is later.

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that the licensing authority:

erred in law
used incorrect material fact when making their decision
acted contrary to natural justice
didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Licence Holder Redress

If you wish to appeal against a decision you may do so to the local sheriff within 28 days of the decision. The sheriff can only uphold an appeal if they consider that the licensing authority:

erred in law
used incorrect material fact when making their decision
acted contrary to natural justice
didn't exercise their discretion in a reasonable manner

Appeals against a sheriff's decision can be made to the Court of Session within 28 days of the decision.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

If you wish to make representations about an application you must do so in writing to the local authority within 28 days of either, the application, the date the application was advertised or any other date given, whichever is later.

Other Redress

Trade Associations

None

Page last updated: 5 May 2023