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.
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
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