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Belfast Council rejects landlord widow's attempt to continue property as HMO
@Source: belfastlive.co.uk
Belfast councillors have failed to see the death of a landlord as a mitigating circumstance for a new HMO application by the former landlord's widow.
Elected representatives at the May meeting of the Belfast City Council Licensing Committee refused an application for a new licence to operate a House of Multiple Occupation for Flat 3, 27 Cromwell Road, Belfast, BT7. The area, off Botanic Avenue, is beside the Holyland.
Councillors refused the application on the basis of overprovision of HMO licenced properties in the area. By March this year, 88 percent of all dwelling units in policy area 'Botanic, Holylands, Rugby' were made up of HMOs and flats/apartments, which in turn exceeds the 20 percent development limit.
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The applicant was Mrs Barbara Blundell, who has 12 other licensed HMO properties. The applied for property had a HMO licence for years under the ownership of Mrs Blundell’s husband, Mr Derek Blundell, who died on April 12, 2023.
The property had its last HMO licence issued by the council with a start date of March 11 2020 and an expiry date of March 11 2025 in the name of Mr Derek Blundell.
The council report on the application states: “In accordance with Section 29 'Death of sole licence holder: effect on licence' of the Houses in Multiple Occupation Act (Northern Ireland) 2016 where a sole licensee dies, the HMO licence is to be treated as being held, from the date of death, by the licensee’s personal representatives, but ceases to have effect 3 months after that date.
“The council may, on the application from the personal representatives of the licensee, extend the period for which the licence has effect beyond the three month period if the council considers that it is reasonable to do so for the purpose of winding up the licensee's estate.”
The council report adds: “The council was not made aware of Mr Blundell’s death at the time, nor did we receive an application to extend the period for which the licence has effect and as such the licence ceased to have effect on July 12 2023. An application for a new HMO licence was received from Mrs Barbara Blundell on October 31 2024.
“Following the submission of the HMO licence, officers established that ownership of the property transferred to Mrs Barbara Blundell via a deed of family arrangement in November 2003.”
Houses of Multiple Occupation, or HMOs, which landlords lease out to three or more tenants from different addresses, have become increasingly controversial, with some arguing they have negatively affected communities and led to anti-social behaviour, in places like the Holyland and Stranmillis in South Belfast where landlords rent houses to undergraduates.
Applications for new HMO licences have increased in other parts of the city in recent months, notably in North Belfast. HMO licence renewal cannot be refused on the basis of overprovision of such properties in an area, but new licences can be refused on this basis.
While the council policy is that HMO’s should not account for more than 20 percent of any area of housing management, in reality many streets well exceed this, with some in the Holyland reaching over 90 percent. Outside housing policy areas the threshold is 10 percent.
DUP Councillor Jordan Doran said at the committee meeting: “Given the circumstances, I am happy to propose to grant the licence.”
Sinn Féin Councillor Tómas Ó Néill said: “I am very sympathetic to the situation, but we have to try and separate the circumstances from the (application). Every month there are extenuating circumstances - I don’t think we would be sticking to the policy (if we grant the application).
“Every single month we hear good reasons why someone hasn’t done it properly, or hasn’t realised, but I don’t see the point in having the policy there if we don’t stick to it.”
Alliance Councillor Tara Brooks proposed refusing the application. She said: “It is not as though we would be leaving somebody without a livelihood. If it was somebody with one HMO… my heart does go out, and I am very sympathetic.
“If somebody had one or two, it would be a different situation, but here there is somebody with 12 HMOs. We are not likely to destroy a livelihood, and we may end up freeing up housing for somebody that really needs it.”
Despite the DUP originally proposing accepting the application, the chamber went with the Alliance proposal to reject the application, without objection. The rejection was formally declared by a council officer as being due to overprovision of HMOs in the area.
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