125Meaning of “house in multiple occupation”S
(1)[F1HMO” means any living accommodation] occupied by 3 or more persons who are not all members of the same family or of one or other of two families [F2-
(a)which—
(i)falls within subsection (2), and
(ii)is occupied by those 3 or more persons as an only or main residence, or
(b)which is of such type, or which is occupied in such manner, as the Scottish Ministers may by order specify.]
[F3(1A)Before making an order under subsection (1)(b), the Scottish Ministers must consult—
(a)local authorities, and
(b)such tenants (or tenants' representatives) and such landlords (or landlords' representatives) as they think fit.]
(2)Living accommodation falls within this subsection if—
(a)it is a house, or
(b)it is, or forms part of, any premises or group of premises owned by the same person and its occupants share one or more of the basic amenities with each other.
(3)The “basic amenities” are—
(a)a toilet,
(b)personal washing facilities, and
(c)facilities for the preparation or provision of cooked food.
(4)For the purposes of this section—
F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)living accommodation occupied during term time by a person undertaking a full-time course of further or higher education is, at all times during that person's residence, to be treated as being that person's only or main residence,
(c)a patient in a health service hospital (within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29)) is not to be treated as occupying the hospital,
(d)a person is not to be treated as sharing a basic amenity if the living accommodation concerned has more than one of any such amenity and the person has exclusive use of at least one of them.
Textual Amendments
F1Words in s. 125(1) substituted (31.8.2011) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 13(1)(a)(i), 41(3); S.S.I. 2011/270, art. 2, Sch.
F2S. 125(1)(a)(b) and word inserted (31.8.2011) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 13(1)(a)(ii), 41(3); S.S.I. 2011/270, art. 2, Sch.
F3S. 125(1A) inserted (31.8.2011) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 13(1)(b), 41(3); S.S.I. 2011/270, art. 2, Sch.
F4S. 125(4)(a) repealed (31.8.2011) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 13(1)(c), 41(3); S.S.I. 2011/270, art. 2, Sch.
Commencement Information
I1S. 125 in force at 31.8.2011 by S.S.I. 2010/159, art. 3