Agenda item

            The HMO Manager provided the Committee with an overview of the application.

            He outlined that the property had had the benefit of an HMO licence issued by the Council with a start date of 2nd December, 2020, with an expiry date of 2nd December, 2025.

            The Committee was advised that the ownership of the property transferred to Mrs. E. Convery with a transfer date of 2nd May, 2021.  The Council had not been made aware of the change of ownership at that time.

            In accordance with Section 28 “Change of ownership: effect on licence” of the 2016 Act, the licence in the name of the previous owner ceased to have effect on the date of transfer.

            The Committee was advised that an application for a new HMO licence was received from Mrs E. Convery on 29th November, 2025.

            An application for a Temporary Exemption notice (TEN) was received on 3rd December, 2025, and granted on 8th December, 2025, with an expiry date of 8th March, 2026.  The TEN had been extended until 8th June, 2026.

TheHMO Manager outlined that, pursuant to the 2016 Act, the Council could only grant a licence if it was satisfied that:

a)     the occupation of the living accommodation as an HMO would not constitute a breach of planning control;

b)     the owner, and any managing agent of it, were fit and proper persons;

c)     the proposed management arrangements were satisfactory;

d)     the granting of the licence would not result in overprovision of HMOs in the locality;

e)     the living accommodation was fit for human habitation and—

                                     i.was suitable for occupation as an HMO by the number of persons to be specified in the licence, or

                                    ii.could be made so suitable by including conditions in the licence.

            The Planning Service had confirmed that a Certificate of Lawful Existing Use or Development (CLEUD) was granted on 3rd March, 2026.

It was reported that the NIHMO Unit had consulted with the Environmental Protection Unit in relation to daytime noise; the Public Health and Housing Unit in relation to rubbish accumulation/filthy premises; and the Enforcement Unit in relation to litter and waste and all had confirmed that there had been no relevant enforcement action required in respect of any of the issues in the HMO in the last 5 years.  

For the purpose of Section 12(2) of the 2016 Act, the Council had determined the locality of the accommodation as being Housing Management Area (HMA) “2/10 Fitzwilliam” as defined in the document Council’s Local Development Plan Strategy, which was formally adopted in May, 2023.  It was reported that Legal Services had advised that there was a clear requirement in section 8 of the 2016 Act upon the Council to be satisfied that the granting of a licence would not result in overprovision.

The officers had had regard to:

a)     the number and capacity of licensed HMOs in the locality; and

b)     the need for housing accommodation in the locality and the extent to which HMO accommodation was required to meet that need.

            To inform the Council in its consideration of the above provisions, the Council had taken account of the 2023 Strategy given that “Nurturing sustainable and balanced communities was a fundamental aim of the LDP’s housing policies.”  In particular, the Council had considered Policy HOU10, which stated:

“Within designated HMAs, planning permission will only be granted for Houses in Multiple Occupation (HMOs) and/or flats/apartments where the total number of HMOs and flats/apartments combined would not as a result exceed 20% of all dwelling units within an HMA.”

The Committee was advised that, on the date of assessment, 18th February, 2026, 97% of all dwelling units in policy area HMA 2/10 were made up of HMOs and flats/apartments, which in turn exceeded the 20% development limit as set out in Policy HOU10.  There were 74 (16%) licensed HMOs with a capacity of 363 persons in that HMA.

It was outlined that there were a total of 466 dwelling units in HMA 2/10.  The Members were advised that, on 18th February, 2026, out of 226 premises available for rent within the BT9 area, there were 121 licensed HMOs which represented 479 bed spaces.

            The Committee was advised that the fact that the use of the property as an HMO was permitted for planning purposes was a relevant consideration in determining whether the granting of the licence would result in overprovision. 

The Houses in Multiple Occupation Manager reminded the Committee that there was a need for intensive forms of housing and, to meet that demand, HMOs were an important component of the housing provision. HMOs, alongside other accommodation options within the private rented sector, played an important role in meeting the housing needs of people who were single, who had temporary employment, students, low-income households and, more recently, migrant workers and asylum seekers.

He explained that, in assessing the number and capacity of licensed HMOs, as well as the need for HMO accommodation in the locality, officers could not be satisfied that the granting of the HMO licence would not result in overprovision of HMO accommodation in the locality of the accommodation for the purpose of section 8(2)(d) of the 2016 Act.

            The Committee was advised that no objections had been received in relation to the application.  It was also reported that the accommodation had been inspected by the NIHMO service, on 22nd January, 2026, at which time it complied with the physical standards for an HMO for five persons.

            On 26th February, 2026, pursuant to Paragraph 9 of Schedule 2 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, officers had issued a Notice of Proposed Decision to the applicant, stating that it proposed to refuse the licence on the grounds of over provision.

            The applicant had responded and advised that she opposed the decision and wished to appear before the Committee.

            The Chairperson welcomed Mrs. E. Convery, applicant, to the meeting.  She advised the Committee that her father had purchased the property and had run it as an HMO since 2009.  She had taken over the ownership of the HMO property from her father in 2021, due to his ill health and ageing.  She had telephoned the Council’s HMO Unit at that time and was told that she did not have to change the name on the licence and that she just needed to wait until it was time to renew it.  However, when it came to the renewal of the licence in November, she was then told that, because the name was not correct, she was obliged to make a new application for an HMO licence.  That application was since proposed for refusal, due to overprovision in the area.

            She explained that the property was used to house post-Graduate healthcare professionals and that she believed in providing affordable accommodation. She had also spent a considerable amount of money in trying to renew the licence for the HMO.

            In response to a Member’s question, Mrs. Convery explained that, unfortunately, she did not have a record of who she spoken to, or on what date, regarding the changing of the details on the licence.  She stated that she was unfortunately misinformed by the Council officer and that she would have been happy to pay the £300 fee to change the name at that time.

            The HMO Manager confirmed that the Council had no record of the telephone conversation in question and, in response to a further Member’s question, he confirmed that all staff answering incoming calls were trained to provide the correct advice regarding the registering of name changes.

            He further confirmed to the Committee that the application was a new application.  He added that the property under consideration was not included within the overprovision statistics provided, as that licence ceased to have effect in 2021.

            The applicant also queried why the application was being refused on the grounds of overprovision, given that the HMO had been established within the area since 2009 and was therefore not an additional HMO.

            In response to a further query from a Member, the HMO Manager confirmed that Licence conditions were provided along with each HMO licence granted, which contained information relating to the requirement for any licence holder to notify the Council of any change of ownership and any change of conditions which could affect the licence.

After discussion, it was

            Moved by Councillor McKay

            Seconded by Councillor P. Donnelly and

         Resolved – that the Committee agrees to refuse the application as, in accordance with Section 12 of the Houses in Multiple Occupation Act (Northern Ireland) 2016, it could not be satisfied that the granting of the HMO licence would not result in overprovision of HMO accommodation in the locality of the accommodation, as determined under section 8(2)(d) of the Act.