Agenda item

            The NIHMO 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 an expiry date of 1st August, 2023.  The ownership of the property had transferred to Mr. M. Baskin in May 2023.  The Council had not been made aware of the change of ownership at the 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.

 

            An inspection of the property had taken place on 4th December, 2025, at which time it was established that the property was being occupied as an unlicensed HMO.

 

            An application for a new HMO licence was received from Mr Baskin on 4th December, 2025.          

 

            A Temporary Exemption Notice was granted on 20th January, 2026, with an expiry date of 20th April, 2026.

 

The NIHMO 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 15th March, 2022.

 

            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.

 

            The NIHMO Manager drew the Committee’s attention to the action taken in relation to the occupation of the accommodation as an unlicensed HMO.

 

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) “2/21 Ulsterville” 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, 30^th March, 2026, 67% of all dwelling units in policy area HMA 2/21 were made up of HMOs and flats/apartments, which in turn exceeded the 20% development limit as set out in Policy HOU10.  There were 250 (22%) licensed HMOs with a capacity of 1074 persons in that HMA.

 

It was outlined that there were a total of 1160 dwelling units in HMA 2/21.  The Members were advised that, on 30^th March, out of 214 premises available for rent within the BT9 area, there were 93 licensed HMOs which represented 392 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 30th March, 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, on 13th April, stating that:

 

1.     At no stage was he made aware that the Council considered there to be an overprovision of HMO properties within the BT9 area, nor that it would be a determining factor in refusal;

 

2.     The property supported individuals on modest incomes who faced structural barriers in the private rental market;

 

3.     It provided secure, well-maintained accommodation where alternatives were limited; and

 

4.     The rental offering was priced at an accessible level in the context of the current cost-of-living pressures.

 

            The HMO Manager outlined the officers’ response to the points raised by the applicant, namely, that:

 

1.     The notes linked to the application form which the applicant confirmed that he had read and understood set out the factors which the Council were required to have regard of when determining an application, including overprovision;

 

2.     The 2016 Act did not allow the Council to have regard to the profile of the current tenants;

 

3.     While the accommodation met the physical standards for usage as an HMO, officers cannot be satisfied that the granting of the HMO licence would not result in overprovision of HMO accommodation in the locality; and

 

4.     The 2016 Act did not allow the Council to have regard to the rent being charged.

 

The Committee was advised that the applicant was unable to attend the Committee meeting.  A copy of his written submission had been circulated to the Members for their information.

 

            A Member highlighted that the property had been operating as an unlicensed HMO for two and a half years.

 

After discussion, it was

 

            Moved by Councillor T. Brooks,

            Seconded by Councillor Abernethy 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.