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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7410
Experience:  28 years as a practising solicitor.
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Hi I own a flat in Scotland where I live with my adult Daughter. I

Resolved Question:

Hi
I own a flat in Scotland where I live with my adult Daughter.
I am moving away for work reasons, but will return at some point in the future although I am not sure of a specific date..
My Daughter will stay and will have two friends as lodgers.

Qs Does the property have to be registered as an HMO?
If so, does it make a difference if I put her name on the deeds as a co-owner?
If so, is there any minimum percentage ownership required?
Either way, does she have to register as a Landlord? It is her sole residence
Thanks
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

A property needs an HMO licence if three or more people who are not members of the same family stay there. However if one of those people is the owner letting out rooms to friends an HMO licence is not required.

So it would be necessary to have her name on the title to avoid the need for a licence. It can go in joint names with either an equal share to your daughter or a lesser share. It doesn't matter how small your daughter's share is as long as she is named on the title.

Similarly there is no need for a landlord registration if the property is the landlords only or main residence and the AR not more than two lodgers.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Thanks for the prompt and clear response.


I will put her on the title with 10% ownership.


 


Last Q


My son may also be living there sometimes. Does that affect the HMO/Landlord position?


Thanks

Expert:  JGM replied 1 year ago.
That should be OK as he is part of the same family. An owner is not counted nor is any member of his or her family.See online paragraph 2(5) of the Statutory Instrument at www.legislation.gov.uk/ssi//2000/177/made
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7410
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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