Part 5Licensing of houses in multiple occupation

Application for HMO licence

I1130Suitability of applicants and agents

1

The local authority must refuse to grant an HMO licence if—

a

any of the persons mentioned in subsection (2) is disqualified by an order made under section 157(2), or

b

the authority considers that any of those persons is not a fit and proper person to be authorised to permit persons to occupy any living accommodation as an HMO.

2

Those persons are—

a

the applicant,

b

any agent specified in the application, and

c

where the applicant or agent is not an individual, any director, partner or other person concerned in the management of the applicant or agent.

3

Section 85 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) applies to a local authority in deciding whether a person is a fit and proper person for the purposes of subsection (1)(b) as it applies to the authority when it is deciding whether a person is a fit and proper person for the purposes of section 84(3) or (4) of that Act.