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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10649
Experience:  30 years as a practising solicitor.
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I have a HMO license with the (Edinburgh) council. They have

Resolved Question:

I have a HMO license with the (Edinburgh) council. They have invited written comments for their decision. The (2006 Housing act) gives me 7 days to respond. If they date the letter on the Monday: the earliest it can arrive is Tuesday.
- when is the latest time and day I can place my response on their premises;
- where do these documents need to be served (their legal department, licensing department, HMO department, city chambers, chief executive ....)
SA
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Which section of the Act relates to this particular decision?
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I see that Schedule 4 section 6 (2) of the 2006 Scotland Act states that notice of not less than 7 days is to be given to the applicant of the opportunity to respond to any report produced by the council, before determining the application.

I have lots of HMO's and I am finding is that instead of cooperating the council making very terse reports and sharp times scales to clear the issues. And, going straight to determining the application by written procedure.

I am also finding that they are dating notices on, say a Friday to determine an application on the following Friday. The problem is, that notices are often franked on the following Monday or Tuesday and getting to me on the Wednesday or Thursday. Meaning I have had as little as five hours and ended up hand deliver a response. I suppose part of the enquiry is are the days quoted in the act calender or business days, and/or possibly clear days?

Steve A.

Expert:  JGM replied 2 years ago.
The day's referred to n the Act are calendar days.
"Law In Force
6 Applicant's opportunity to respond
(1) The local authority must give the applicant a copy of
(a) any valid written representation,
(b) any late written representation which the authority intends to consider, and
(c) any report made under paragraph 5(2).
(2) A copy representation or report given under sub-paragraph (1) must be accompanied by a notice
specifying the period (of not less than 7 days from the date on which the notice is given) during
which the applicant may give a written response to the local authority on any matter set out in the
copy representation or report."
From what you say the local authority aren't serving their notices properly. The seven days is seven days from service of the notice but if they aren't serving their notices properly then they can't rely on that and any summary application to the sheriff would be successful. I suggest that if you have a lot of these that you wrote to the chief executive of the council pointing out the failure of the HMO department to follow the spirit of the legislation and asking that this be remedied immediately.
Basically if they date a document on a particular day it should be served on that day. If it isn't you can challenge the validity of the procedure.
Customer: replied 2 years ago.

Good Morning,

Thanks for determining the calender days; I think I am most of the way with the spirit of the law . The problem is the implementation; demonstrating when they posted the letter (if at all) and showing when it actually landed on my door mat.

I suppose the essential question is: if they date a letter on the Thursday, what, is the date time and place next week that I have to have the response on their door mat?

SA

Expert:  JGM replied 2 years ago.
If it's seven days from the date of the notice then it would be the following Thursday. The notice should specifically say what the time limit is.
Customer: replied 2 years ago.

OK nearly there; its 7 days from service of the letter. I read some where service is the day after if 1st class post is used. I suppose the question is, is seven clear days and what time of day is considered end of the day?

Expert:  JGM replied 2 years ago.
It's seven calendar days from the date of service unless the statute provides otherwise which it doesn't. The day following rule generally relates to contractual matters.
End of the day is end of business day.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10649
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok, seem to be missing each other here but thanks anyway.

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