MANDATORY LICENSING OF HOUSES IN MULTIPLE OCCUPATION: GUIDANCE FOR LICENSING AUTHORITIES
INTRODUCTION
WHO THIS GUIDANCE IS FOR
This guidance is mainly for local authorities.
It concentrates on the internal structures, procedures and policies required to effectively operate the HMO licensing system. It may also be helpful to organisations which deal closely with local authorities on HMO issues and need to understand their internal processes in detail.
Separate information is available for landlords, tenants and anyone who is concerned about an HMO in their neighbourhood.
Why this guidance was produced
Standards of physical accommodation and management in multiply-occupied housing have been an issue of concern for many years, and a variety of schemes have been implemented in an attempt to control and improve those standards. In 1991, local authorities in Scotland were given discretionary powers to introduce licensing of houses in multiple occupation (HMOs) under the Civic Government (Scotland) Act 1982. In 2000, a new Order under that Act was made, making it mandatory for all authorities to introduce an HMO licensing scheme.
When the 2000 Order was introduced, Scottish Ministers gave an undertaking to review the operation of the mandatory scheme after the first year of its operation. A research project was commissioned, resulting in the report, "A review of the first year of mandatory licensing of houses in multiple occupation in Scotland" by Hector Currie, published in 2002. At the same time, the Social Justice Committee of the Scottish Parliament conducted a separate enquiry into the scheme, and reported in February 2003. The results of both of these exercises were considered by Ministers, along with evidence from correspondence and other representations, as part of their review.
The then Minister for Social Justice concluded the licensing scheme should continue largely in its existing form, but that some changes were needed in the way it was implemented by local authorities. Some specific changes were proposed, including the development of a scheme of "self-certification", to help licensing authorities reduce the burden of regulation on publicly accountable landlords and focus more resources on tackling those landlords who were not willing to comply with licensing and raise their standards. In other areas, there was a need to disseminate the experience gained and good practice identified (as well as pitfalls to be avoided) since mandatory licensing came into force. And so this guidance was developed.
During the development of the guidance, it was found that the term "self-certification" was sometimes misinterpreted, and so it was replaced as a term by the concept of verification by licensee's declaration. Verification of standards is dealt with in Part 2, including verification by licensee's declaration at section 2-2.3.
How this guidance was produced
The guidance was produced by a working group representing a wide range of organisations with an interest in HMO licensing. This included "regulators" (local authorities, fire authorities and the Scottish Executive), HMO operators from a range of sectors, and organisations representing the interests of tenants. A core working group broadly representing the main sectors met for discussion, and papers were circulated for written comment to a wider reference group to ensure that the specific interests of particular client groups were included. A list of the members of both groups is provided at Annex D.
The working group also made a number of recommendations to Ministers for further changes to the HMO licensing legislation. Should these or other legislative changes be made, further guidance will be issued at the appropriate time.
What the guidance contains
The guidance focuses on the procedures and activities involved in operating the HMO licensing scheme.
Part One briefly describes the provisions of the Order and the statutory procedures for licensing under the Civic Government (Scotland) Act 1982.
Part Two deals with operating the scheme, setting out good practice in areas such as internal co-ordination, inspection and verification of standards, licensing enforcement, and fees.
Part Three discusses the key areas which local authorities should consider in setting standards and licensing conditions.
Annex A contains a consolidated version of the HMO licensing Order, incorporating amendments up to and including October 2003.
Annex B gives a sample questionnaire which could be used in the licensee's declaration.
Annex C contains detailed specifications relating to the physical Benchmark standards.
Annex D gives the membership of the working group and reference group.
Note
This guidance should be read in conjunction with the relevant legislation, the Civic Government (Scotland) Act 1982 and The Civic Government (Scotland) Act 1982 (Licensing of Houses in Multiple Occupation) Order 2000, as amended in 2002 and 2003. The guidance should not be taken in itself as an authoritative statement as to the law. Local authorities must satisfy themselves that their procedures enable them to comply with the requirements of the legislation. The interpretation of the law is ultimately a matter for the courts.