131Suitability of living accommodationS
(1)The local authority may grant an HMO licence only if it considers that the living accommodation concerned—
(a)is suitable for occupation as an HMO, or
(b)can be made so suitable by including conditions in the HMO licence.
(2)In determining whether any living accommodation is, or can be made to be, suitable for occupation as an HMO the local authority must consider—
(a)its location,
(b)its condition,
(c)any amenities it contains,
(d)the type and number of persons likely to occupy it,
[F1(da)whether any rooms within it have been subdivided,
(db)whether any rooms within it have been adapted and that has resulted in an alteration to the situation of the water and drainage pipes within it,]
(e)the safety and security of persons likely to occupy it, and
(f)the possibility of undue public nuisance.
Textual Amendments
F1S. 131(2)(da)(db) inserted (31.8.2011) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 13(3), 41(3); S.S.I. 2011/270, art. 2, Sch.
Commencement Information
I1S. 131 in force at 31.8.2011 by S.S.I. 2010/159, art. 3