Housing (Scotland) Act 2006

154Offences relating to HMOs

(1)The owner of an HMO which requires to be licensed under this Part commits an offence if the HMO is not so licensed (unless the owner has a reasonable excuse for not holding an HMO licence).

(2)A licence holder commits an offence if—

(a)any condition included in the HMO licence is, without reasonable excuse, breached at any time during which the living accommodation concerned is an HMO which requires to be licensed under this Part,

(b)the licence holder, without reasonable excuse, permits any person to occupy the living accommodation concerned at any time during which a requirement under section 145(2) (power to require rectification of breach) has effect in relation to it, or

(c)the licence holder authorises any person who is not specified as the licence holder’s agent in the HMO licence to do anything which directly permits or facilitates the occupation of the living accommodation concerned as an HMO which requires to be licensed under this Part.

(3)The owner of any living accommodation commits an offence by, without reasonable excuse, representing an HMO licence which has ceased to have effect as having effect in relation to the living accommodation.

(4)A person commits an offence if the person, without reasonable excuse, does anything as agent for the owner of any living accommodation which directly permits or facilitates the occupation of the living accommodation—

(a)as an HMO which requires to be licensed under this Part at any time when—

(i)it is not so licensed, or

(ii)an HMO licence does not authorise the person to do so, or

(b)at any time during which a requirement under section 145(2) has effect in relation to it.

(5)An agent specified in an HMO licence commits an offence if the agent, without reasonable excuse, causes any condition included in the HMO licence to be breached at any time during which the living accommodation concerned is an HMO which requires to be licensed under this Part.

(6)A person commits an offence by preventing or obstructing any person from exercising a power conferred by section 181(1)(e) (powers of entry).