Agenda item

            The HMO Unit Manager informed the Committee that an application had been received for a new Licence to operate a House of Multiple Occupation (HMO) for 31 Melrose Street.

            He reported that the property had previously had the benefit of an HMO Licence, in the name of Mr. Patrick McNabb, with an expiry date of 19th June, 2022.  He informed the Committee that Mr. McNabb had died on 2nd June, 2021 and that the property had been jointly owned by Mr. McNabb and his wife, the current licence applicant, since March 2006.

            He informed the Committee that both the Applicant and Managing Agent had confirmed that they had not been convicted of any relevant offences and that there had been no relevant enforcement action taken with regard to day or night-time noise, rubbish accumulation, litter or waste.

            He outlined the assessment which had taken place on 12th May, 2022 in order to determine the provision and availability of HMO accommodation in the HMO Policy Area and he stated that Legal Services had advised that there was a clear requirement, in Section 8 of the Houses in Multiple Occupation (Northern Ireland) Act 2016, for the Council to be satisfied that the granting of a licence would not result in overprovision.

            He reported that there had been no objections received in relation to the application and that the accommodation had been certified, as having been compliant with the physical standards required for an HMO, by a technical officer from the NIHMO Service on 27th April, 2022.

            The HMO Unit Manager outlined Section 29 of the 2016 Act which provided the transfer of the licence of a deceased sole licence-holder to that person’s executor and that the licence would expire three months after the date of death, unless the Council was satisfied that it was reasonable to extend it in order to wind up the holder’s estate.  He added that the restricting factor in Section 29 of the Act was the requirement for the Council to be notified of the death of the sole licence-holder and that Counsel’s advice had been sought and obtained on the issue, whereby Legal Services had confirmed that there might be some scope to grant an extension to the three-month period which had been triggered by the death of an owner.

            He pointed out that a notice of proposed decision had been issued on 18th May, advising the Applicant that the Council intended to refuse the application as it could not be satisfied that the granting of the licence would not result in overprovision in the locality

            He referred to correspondence which had been received on behalf of the Applicant, from her Managing Agent, in response to the proposed decision, which had cited the sudden death of her husband, trying to get his affairs in order, and not having been aware of the legislative requirements and pointed to the significant investment that she and her late husband had made to bring the property up to HMO standards and that it had operated as a HMO with no issues.

            He reminded the Committee that it had discretion to be flexible in relation to the mandatory time limit within which the death of a licence holder must be notified to the Council and might decide that it would be reasonable to extend that period, in which case the licence would remain extant and the issue of overprovision could not be taken into account.

            The Committee agreed to grant the application, by extending the period within which the owner was required to notify the Council of a change of ownership, on the basis of unique and tragic circumstances of the applicant.