Sharing a flat without an HMO licence in Edinburgh

When can multiple tenants rent a flat without an HMO licence in Scotland?

Most bigger flats with multiple sharers require an HMO licence, but it is a general rule with some exceptions. Sometimes 3 or even 4 students can legally rent a non-HMO property. In short, Houses of Multiple Occupation are any living accommodation occupied by more than 3 persons who are members of more than two families. The occupants of an HMO property would share a toilet and /or bathroom and/or kitchen.

So the main restrictions are: the number of permitted occupiers and their relationships.

What is a ‘family’?

For the purpose of the HMO legislation, tenants are treated as family members if they are:

A couple, or
Related to each other, or
One of them is a relative of one member of a couple and the other is a relative of the other member of that couple.

What is a ‘couple’?

A couple means two persons who:

Are married or civil partners, or
Live together as husband and wife or in an equivalent same-sex relationship.

What does ‘related’ mean?

Allowed family members are:

Parents, grandparents, children, grandchildren, brothers, sisters, uncles, aunts, nephews or nieces.
The half-blood relationships count as the whole-blood relationships
Stepchildren are treated as biological children.
A person de facto brought up or treated as a child by the other person should be treated as the other person’s child.

So what does it really mean for student flat sharers?

Three unrelated students definitely cannot rent a non-HMO flat. But a couple and their friend are, as far as the legislation is concerned, members of two families, so they can rent a non-HMO property. The same goes for two couples sharing one property – they are technically considered to be members of the same family.

Two siblings and their friend can rent a non-HMO flat, even if they are half-blood siblings or one of them was adopted or de facto raised by the other sibling’s parents.

Landlords and their family member should not be included in ‘3 person’ limit: i.e. a landlord can let two bedrooms to two unrelated sharers and the HMO requirements would be triggered only if the said landlord wanted to let another bedroom to a third unrelated sharer. The number of unrelated tenants for an HMO compliance is the same as if they lived in the property without the landlord or the landlord’s family member.

Is your landlord is renting out an unlicensed HMO?

Living in a House in Multiple Occupation (HMO) without the proper license is a criminal act by your landlord, carrying penalties up to £50,000 based on the seriousness. Protect your rights and report unlicensed HMOs to your local council.

Landlord Responsibilities: Ensuring Your Home Meets Standards and Licensing.

As a tenant, you have the right to a home that meets specific safety and quality standards. For HMO, the landlord must undergo a “fit and proper person” test by the council to obtain the necessary license. This ensures responsible and trustworthy management of your shared living space.

Tenant Rights Explained!

Your local council has the power to deem a landlord not “fit and proper” based on several serious issues.

What Makes a “Fit and Proper” Landlord?

The council might consider your landlord not a “fit and proper person” if they have –

Engaged in criminal activity
Discriminated against renters
Harassed or unlawfully evicted a tenant
Permitted disruptive antisocial behavior
Neglected legally required repairs

Landlord Responsibilities & Standards Your Home Must Meet

If you’re renting out a property as an HMO, it’s crucial to meet certain legal standards to ensure it’s habitable and safe for your tenants. These include making sure,

Room Sizes are Adequate
Sufficient Kitchen and Bathroom Access
All Appliances are Safe
Fire Safety is Up to Code
The Property is Secure

Keeping You Informed About Management and Emergencies,

Property management contact person
Emergency actions for fire and gas leaks

What if your home does not meet these standards?

If your living situation is substandard, first discuss repairs with your landlord. If they fail to act, report them to your local council, which has the authority to,

Inspect your property
Conduct repairs and bill your landlord
Take legal action

What if HMO License Revoked: What Tenants Need to Know?

Landlords rarely lose their HMO license, councils usually allow them to fix problems. If a license is lost, the landlord can’t rent anymore, and you’ll need to move. However, your landlord must follow the legal eviction process.

If you have any questions regarding investing in residential properties in Edinburgh, please get in touch with us:

+44 131 662 8035
mail@edinburghlettingcentre.com