Anything above 2 unrelated persons sharing is an HMO in Scotland. The rules also vary between local authorities and its very difficult to find out what they actually are - I know, because I've been doing it for a number of years but presumably new entrants to the market only find out once they get an inspection and a letter from the LA telling them what they need to do! But its excessive, at my last count there were over 50 different requirements. At one point, they wanted sprinkler systems installed in any HMO that was two floors or more. Some landlords installed it then they later removed the requirement. Equally, they want carpets down on all HMOs, months later they change their minds. Cookers have to be chained to the walls, in case a tenant pulls one on top of them. And so on. Latest wheeze is guard rails inside all windows two storeys or more from the ground.
I'd rather spend all this money on secondary glazing to make my tenant's sleeps better, a new kitchen and so on.
In fact I really want to sell up and buy somewhere else outside of Scotland, but the market is dead, so I'd be selling at much less than the price was 2 or 3 years ago. I will never buy in Scotland again. No-one seems to be discussing the growing property crisis there and the Government is behind the beat by passing more and more legislation which makes things worse (stamp duty increases recently).
No-one has any ideas what the proposed rent control legislation will involve, much less the Scottish Government itself. What has been published so far seems to indicate that the Scottish Government blames rising rents not on inflation and a British-wide trend, or a relatively healthy economy in certain towns or cities, but greedy landlords. They seem unaware that the market dictates a certain price. They also seem unaware that all the legislation they have passed in recent years has contributed to rental costs rising.
Another problem is finding tenants that can actually pass a credit check and provide a reference and be reasonably well behaved. I have one one bedroom property on one of these new out of town developments the Government is so keen to build en masse and the last tenant seemed reasonable but left behind a trail of debt which he had taken out in the period he lived there before doing a runner. Luxury cars mainly. Property has been empty for months because of inability of even an agency to find someone suitable. Yes, I can rent it cheaply to someone with no references or credit check, but its not worth the risk of having to evict from a damaged property. Again, I can't sell because other properties on the market with the same profile have been languishing for months.
One HMO tenant is a complete nightmare so far as she is a student and her parents have been back and forth with her. In fact I think they are living in the property with her. Constant complaints, they want room totally redecorated, new furniture and new carpets. I know there is no point because its clean, is in fact repainted (they don't like white) and carpets will be trashed within six months of an 18 year old living there. Just awful to deal with - I've had threats from them to come to my home and "sort it out" with me, unless I refund the rent and let her live there for free until its done to their requirements. Never had a single complaint before from a tenant in years of letting that property either, but I can't sleep at nights for worrying about this and whether I will be dragged into the complaints process which is the HMO scheme.
None of these things I was able to plan for when setting up my business. The goalposts have changed so much. While I expect some changes, there are literally changes every few months. You simply do not know what is coming next. For a while, I didn't even know if my properties would be located in the UK or the EU for the foreseeable future! The Government in Scotland seems obsessed with meddling with the property market, but they seem pretty unqualified in the field, so that worries me. I think they are quite likely to get it wrong and make a hash of it, but there is no real accountability, no comeback for them, while I have to fund their mistakes from my own salary. And that is not unlimited.