Houses In Multiple Occupation (HMO)
Licence summary
An HMO licence is required if a property is the only or principal residence or 3 or more unrelated persons who share kitchen/bathroom facilities.
Eligibility Criteria
HMO licence applications must be made to Aberdeen City Council.
A licence application fee will be payable.
The Landlord must be a 'fit and proper' person to hold the licence.
The property is, or can be made suitable for use as an HMO.
Regulation Summary
Application Evaluation Process
HMO Licences will be granted under delegated powers for a three-year period if:
- the property is suitable for use as an HMO
- the applicant is a 'fit and proper' person to hold the licence
- any day-to-day manager is a 'fit and proper' person to manage the property
- no objections have been received by the Council.
HMO Licence applications will be determined by the Council's Licensing Committee if:
- Objections have been received by the Council
- The applicant and/or the day-to-day manager are not 'fit and proper' persons
- The work/certification requirements have not been completed within a reasonable time
- The property is not suitable, nor can it be made suitable for use as an HMO
Will Tacit Consent Apply
By law, the Council has a period of one year, starting from the date of submission of the HMO licence application, to determine the application, failing which the application is automatically deemed to be approved.
Apply Online
You will soon be able to apply for this service using the ELMS portal system supplied by the UK Government's Department for Business Innovation and Skills. Once that system is made available and has been tested, links will appear on this page.
Failed Applcation Redress
If the Council's Licensing Committee refuses an HMO Licence application, the applicant has a right of appeal by way of summary application to Aberdeen Sheriff Court, within 28 days of the decision being made.
Licence Holder Redress
If the Council's Licensing Committee refuses an HMO Licence application, the applicant has a right of appeal by way of summary application to Aberdeen Sheriff Court, within 28 days of the decision being made
Consumer Complaint
If you object to the HMO Licence application and the Council's Licensing Committee approves the application, you have a right of appeal by way of summary application to Aberdeen Sheriff Court within 28 days of the decision being made, provided that you attended the meeting of the Licensing Committee.
Other Redress
There is no further redress.
Trade Associations
None Relevannt.
Grant of Licence
An HMO Licence is required if you are the owner of residential property and you give permission for that property to be occupied by three (3) or more 'qualifying persons' from three (3) or more families, as their only or principal residence. Please note that a 'principal residence' is defined not simply by the number of days spent at the property, but also by the quality of occupation.
It is a criminal offence to operate an HMO without being in possession of a current HMO Licence issued by the Local Authority. It is also a criminal offence for any person to act as an Agent for an owner of an HMO who does not hold a current HMO Licence.
If you consider that your property requires an HMO Licence, please submit a fully completed and the relevant Licence fee to the Council's HMO Unit. The submitted application form must be the original and not a photocopy, and the appropriate Licence fee must be in the form of a cheque made payable to 'Aberdeen City Council'.
As soon as your HMO Licence application and Licence fee has been received by the HMO Unit, it will be passed to the HMO Officer who will contact you shortly thereafter to arrange a first inspection of your property. Depending on the size of your property, the HMO Officer will use the following guides to determine the standards required at your property before an HMO Licence can be granted:
- 1. Mandatory Licensing of Houses in Multiple Occupation: Guidance for Licensing Authorities
- 2. Practical Fire Safety Guidance for small premises providing sleeping accommodation; OR
- 3. Practical Fire Safety Guidance for medium and large premises providing sleeping accommodation.
In addition to the HMO Licence application and Licence fee, the following documentation items are required before an HMO Licence can be granted. However, the HMO Officer will collect these documents from you during the first or subsequent inspections of your property:-
- 1. A copy of the tenancy agreement you intend to utilise. An anti-social behaviour clause must be included in the tenancy agreement.
- 2. A copy of a Gas Safe certificate (if there are any gas appliances in the property), which must be completed by a GAS SAFE registered engineer.
- 3. A copy of the fire-detection and fire-alarm compliance certificate (The HMO Officer will advise you which system is required for your property).
- 4. A copy of the periodic inspection report for your property's electrical installations, which must be submitted on SELECT, ECA or NICEIC pro-forma.
- 5. A copy of the portable appliances test (PAT) certificate. (This is the safety certification for the electrical appliances you provide for your tenants).
- 6. A completed confirming the dates during which the Notice for Display was displayed outside your property.
You must display a Notice of Display in a prominent public place outside the HMO property where it can be easily read by all neighbours / passers-by. This Notice must remain on display for 21 days starting on the day you submit your HMO Licence application and fee.
Should the Council receive a letter/s of objection to your proposed HMO, your HMO Licence application will be referred to the Council's Licensing Committee. You and the objector/s will be invited to the Licensing Committee where all parties will be given the opportunity to speak for/against the HMO application, following which the Committee will decide whether to grant an HMO Licence, subject to all requirements being met, or refuse your application.
You should also be aware that the Chief Constable of Grampian Police and the Chief Officer of Grampian Fire & Rescue Service are statutory consultees to every HMO application submitted to the Council. Should they submit any adverse comment to your HMO application, it will be referred to the Council's Licensing Committee where it will be dealt with in the same manner as any letter of objection.
In light of the possibility that the Council's Licensing Committee could refuse your HMO application, it is recommended that you do not consider commencing any upgrading work on your property, until you have confirmed whether or not the Council has received any letters of objection from neighbours, Grampian Police or Grampian Fire and Rescue Service.
In addition to an HMO Licence, you may also require a Local Authority Building Warrant and/or Planning Permission Change of Use. A Building Warrant may be required when internal alterations are proposed. Planning Permission Change of Use is required when the proposed HMO occupancy is 6 or more unrelated persons. It is your responsibility to determine whether or not Building Warrant and/or Planning Permission Change of Use is required, and if so, to submit the necessary applications to the Council's Planning Service. For specialist advice, please contact Planning Enquiries on tel.522289 or e-mail: PI@aberdeencity.gov.uk.
Finally, please be aware that the HMO Licence fee is non-refundable in the event that the Council refuses to grant an HMO Licence or you submit an HMO application but subsequently choose not to proceed with it.
Renewal of Licence
If you are already an HMO Licence holder and your HMO Licence is about to expire, and you wish to continue operating your HMO, you must submit an and Licence fee to the HMO Unit prior to the expiry date of your current Licence. This will allow you to continue operating your HMO until your renewal application is determined. If, however, your renewal application is received by the HMO Unit after the expiry date of your current Licence, the HMO Unit must treat it as a fresh application, which means that your property cannot be operated as HMO until the application has been granted.
If you are submitting an HMO Licence renewal application, it would be helpful if the various safety certificates, tenancy agreement and Certificate of Compliance (referred to in 1-6 above) were available for the first on-site inspection of your property.
If you are in any doubt regarding your requirement for HMO Licensing, then please contact the HMO Unit on the details given below.
HMO Unit Contact Details
The address of the Council's HMO Unit is:
- HMO Unit
Neighbourhood Services (South Area)
4th floor
St.Nicholas House
Broad Street
Aberdeen
AB10 1BX
The e-mail address for the HMO Unit is HMOUnit@aberdeencity.gov.uk
The contact telephone number for the HMO Unit is 01224 522870.
The HMO Unit in St.Nicholas House is open between 8.30am – 5pm, Monday – Friday. Visitors to the HMO Unit are welcome but it is recommended that you phone first and make an appointment to visit.
Table of HMO Licence Fees (Effective from 1 February 2009)
Please note that the HMO Licence fee for an occupancy of between 3 - 10 tenants will increase to £1,200 on 1 April 2010.
| Number of tenants | Licence fee (£) |
|---|---|
| 3 - 10 | 1000 |
| 11 - 20 | 1250 |
| 21 - 40 | 1500 |
| 41 - 100 | 2000 |
| 101 - 250 | 3000 |
| 251 - 500 | 4500 |
| Over 500 | 6000 |
