Valid from 31/08/2011

Part 5 SLicensing of houses in multiple occupation

Application for HMO licenceS

130Suitability of applicants and agentsS

(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.