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Housing (Scotland) Act 2006

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Time limit for determining application

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9(1)The local authority must decide whether to grant or refuse an application for an HMO licence within 12 months of it receiving the application.

(2)The period mentioned in sub-paragraph (1) may be extended by the sheriff, on summary application by the local authority, by such period as the sheriff thinks fit.

(3)The sheriff may not extend a period unless the local authority applies for the extension before the period expires.

(4)The applicant is entitled to be a party to any proceedings on such a summary application.

(5)The sheriff’s decision on such an application is final.

(6)If the local authority does not determine an application for an HMO licence within the period mentioned in sub-paragraph (1) (or that period as extended), the authority is to be treated as having decided to grant the HMO licence unconditionally.

(7)Sub-paragraph (6) does not affect the local authority’s power to vary or revoke an HMO licence granted in pursuance of that sub-paragraph.

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