Agenda item

            The Committee was reminded that responsibility for HMO’s had been transferred to local district councils in April 2019 with the introduction of a new licensing regime. The HMO Unit Manager advised that any existing registrations under the old NIHE Registration Scheme were deemed to be licences at the point of transfer. He stated that licences were issued for a 5 year period with standard conditions, however, where it was considered necessary to do so, the Committee could also impose special conditions.

            The HMO Unit Manager advised that, as a valid objections had been received, the application must be considered by the Committee and highlighted that, pursuant to the 2016 Act, the Council may only grant a licence if it was satisfied of the following:

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

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

c)      the proposed management arrangements for the living accommodation were satisfactory);

d)     the granting of the licence would not result in overprovision of HMOs in the locality in which the living accommodation was situated;

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.

            He explained that the issues which could be taken into account when considering the fitness of an applicant were set out at Section 10 of the 2016 Act and included offences concerning fraud or dishonesty, violence, drugs, human trafficking, firearms, sexual offences, unlawful discrimination in, or in connection with, the carrying on of any business; or any provision of the law relating to housing or of landlord and tenant law. It also permitted the Council to take into account any other matter which the council considered to be relevant. Section 20 of the 2016 Act stated where the holder of an HMO licence made an  application for renewal, the council must apply the above provisions except for (a) and (d); namely whether the use was a breach of planning control or would result in overprovision.

            He pointed out that Legal Counsel had advised that councils could not take into account the absence of planning permission through the prism of fitness. On the basis of that advice, Legal Services had confirmed that that also applied to issues around overprovision.

            He advised that 2 noise complaints, in relation to 86 University Avenue, had been received in 2019 and suggested that, to alleviate further issues, a special condition could be applied to the License which would require the Landlord to provide contact details to the Council or neighbours so that noise complaints could be dealt with quickly.

            The Committee received a representation from Mr. S. Boyle, on behalf of the applicant Mr. P. Boyle. Mr. Boyle advised that the property had joined the HMO scheme and welcomed the protection that it brought for Landlords. He stated that his father had invested in the property and it was maintained to a high standard.  He suggested that they had not been made aware of the any noise complaints and questioned how they could be kept informed. He confirmed that he would be happy to provide contact details for any further noise complaints. 

            During discussion, the Divisional Solicitor highlighted that noise complaints would include personal data and confirmed that there was no current mechanism for the Council to share noise complaint data with Landlords or Managing Agents, however, this would be examined.  

            After discussion, the Committee approved the application for the Grant of the renewal of a Licence to Operate a House of Multiple Occupation for 86 University Avenue, subject to the imposing of the additional condition that the Landlord/Agent contact details be provided to the Council/neighbouring properties so that any noise complaints could be escalated and promptly dealt with, and delegated power to the Director of Planning and Building Control for the final wording of the condition.