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HMO licensing in Scotland and Northern Ireland
Both Scotland and Northern Ireland have their own rules when it comes to HMOs and licensing. The definitions are generally similar to those in England and Wales but rules on licensing differ quite a bit so it's well worth making sure you have all the facts.
Scotland
In Scotland an HMO is defined as a property that is shared by 3 or more (adult) tenants who are unrelated. The rules on who count are similar to those in England in that partners count in the same way that spouses do. Also, if you live with a landlord (and their family), they don't count towards the number of tenants for HMO purposes. So, for example, if you live with a landlord and one other tenant it doesn't count as an HMO, whereas living with 2 other tenants does.
The main difference in Scotland is in the licensing regulations. Legislation which came into force in 2003 means that all HMOs require a license. It is an offence to operate an HMO without a license and you could be fined up to £5,000. for doing so.
Licenses are granted if the property complies with regulations in various areas including:
- Space
- Heating
- Fire safety
- Condition of the property
- Facilities for cooking and washing and drying clothes
For more information on HMO regulations in Scotland visit Shelter Scotland's HMO pages.
Northern Ireland
Northen Ireland defines an HMO in the same terms as Scotland and the same exceptions apply in terms of number of households and living with landlords.
The Statutory Registration Scheme for HMOs in Northern Ireland came into effect in 2004, requiring all HMOs in five designated HMO Action Areas (details of which are available in the 'HMO Statutory Registration Scheme - 2007' document, available at the Housing Executive link below) to be registered, as well as all HMOs with more than ten occupants.
For further information on this visit Northern Ireland's Housing Executive HMO page or go to Shelter Northern Ireland for details of the regulations HMOs must meet (even if they aren't registered).
