Check the statutory occupation and shared-facility tests with the local council. HMO licensing and landlord registration serve different purposes. The council assesses suitability and licence conditions for the actual property.
Check the Scottish definition
A Scottish HMO commonly involves at least three people from three or more families sharing facilities as their main residence. Apply the full definition and exemptions with the council.
- Count families and people separately. Do not import the five-person English mandatory licensing threshold into a Scottish assessment.
- Record the proposed residents, their relationships and shared facilities. Recheck when someone joins or a household arrangement changes.
- Ask the local authority about the exact property and layout where there is uncertainty. Keep its response with the application evidence.
Prepare the property and application
Landlord registration, HMO licensing, planning and building warrants are separate records.
- Compare the proposed occupation with the council's room, amenity, fire and management requirements. Arrange competent assessments where the application requires them.
- Read the licence conditions and authorised occupancy. Deal with a condition affecting a bedroom before advertising that room.
- Confirm who holds the licence and manages the building. If buying an existing HMO, establish the new owner's application requirements before relying on the seller's licence.
Keep shared facilities working
Assign responsibility for the parts that no single tenant controls.
- Inspect escape routes and shared facilities, record defects and agree repair access. Tell all affected residents when work will disrupt a kitchen, bathroom or alarm system.
- Give residents a reliable emergency contact and a way to report recurring problems. Follow up reports received through an agent.
- Review licence conditions before renewal or layout changes. Record each approval and completed action rather than keeping only the licence front page.
Example: three unrelated residents
A fictional Scottish flat is shared by three unrelated adults. The landlord should check the HMO requirements even though there are fewer than five occupants. The English licensing threshold is not the relevant test.
What to do
- Record family relationships, main-home occupation and shared facilities.
- Confirm licensing before operating the HMO.
- Check allowed occupancy, fire precautions and maintenance arrangements.
Evidence to keep
- Council decision and licence
- Plans and residents’ household details
Sources and guidance
- Applying for an HMO licenceScottish Government · checked 20 October 2026