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Scottish Office

Answer

Dr. Godman: To ask the Secretary of State for Scotland what conclusions the Government have drawn from its consultations on proposals for the introducing of Mandatory Licensing of Houses in Multiple Occupation in Scotland. [78858] Mr. Dewar: Some 86 bodies and individuals to the Consultation Paper on the Mandatory Licensing of Houses in Multiple Occupation which was issued last year. The overwhelming majority of those responding supported the case for making it mandatory for all local authorities in Scotland to introduce licensing of houses in multiple occupation. The Consultation Paper also sought views on the best way of implementing mandatory licensing and the scope of any licensing scheme. In the light of the responses to the consultation paper, we believe that mandatory licensing of houses in multiple occupation should be introduced initially by means of an Order under the Civic Government (Scotland) Act 1982 although it may be desirable to introduce new primary legislation in the longer term. We envisage that any licensing scheme should be based on a definition of a house in multiple occupation as a house which is the only or principal residence of a specified number of persons who are not all members of one family or one or other of two families. We also envisage that there would be a staged implementation of the licensing by progressively reducing the number of specified persons so that the largest houses in multiple occupation would be licensed first but, over time, all houses in multiple occupation would be included in the scheme. The activity to be licensed would be the letting of premises as a house in multiple occupation but we believe that the definition should be extended to include other situations where occupancy rights in houses in multiple occupation are granted, outside of conventional lets. We have also given careful consideration to the views of consultees on the need for exemptions from the proposed licensing scheme and we believe that the only categories of houses in multiple occupation that should be exempted are those owned by local authorities (since local authorities will be bodies responsible for enforcement) and residential and nursing homes which are already subject to registration and enforcement by the local authority or health board. The Consultation Paper sought views on a number of possible modifications of licensing procedures linked to the use of the powers under the Civic Government (Scotland) Act 1982. There was strong support for the proposal to extend the period during which an application for a new licence might be considered by the local authority to ensure that applicants have sufficient time to undertake remedial works specified as licensing conditions before a licence is granted. There was also support for granting an authorised officer of a local authority, with the approval of the Court, the power to enter and search premises where there are reasonable grounds for believing that it is being let as a house in multiple occupation but without a licence. We believe that both of these changes should be incorporated into the proposed Order and that account should also be taken of the suggestion, made by some consultees, to exempt women's refuges from the public notification procedures in the 1982 Act to help safeguard the anonymity of this particular type of house in multiple occupation. We consider that a licensing system along these lines would give increased protection to tenants without penalising those responsible landlords who are already providing satisfactory housing. We hope that the Scottish Parliament will give early priority to these proposals and their detailed implementation would be taken forward in consultation with the Convention of Scottish Local Authorities and other relevant interests. From 1 July 1999, this will be a matter for the Scottish Parliament.

Secondary information

Type

Written question

Reference

78858; 328 c321-3W

Session

1998-99

Subjects

Housing Families Licensing Households Local government Multiple occupation Scotland Consultation papers Housing occupancy