The properties were refused unanimously
Two houses in South Belfast have been stripped of their HMO status after their landlords failed to follow correct procedure.
At the March meeting of the Belfast City Council Licensing Council, elected representatives refused HMO applications for 41 Claremont Street, between University Road and Lisburn Road and 32 Flat B Candahar Street, off the Ormeau Road. Both were refused unanimously on the basis of overprovision.
The Claremont Street property previously had an HMO licence issued by the council with a start date of December 2 2020, and an expiry date of December 2 2025. The ownership of the property transferred to Emma Convery from her father on May 2 2021.
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The council report on the application says it “was not made aware of the change of ownership at that time.” In accordance with council policy the licence in the name of the previous owner ceased to have effect on the date of transfer.
An application for a new HMO licence was received from Emma Convery on November 29 last year. An application for a Temporary Exemption Notice was received on December 3 last year and granted until June 8.
On the date of assessment, February 18 this year, 97 percent of all dwelling units in the policy area “Fitzwilliam” were made up of HMOs and other intensive forms of accommodation apartments – well above the 20 percent development limit. There are 74 licensed HMOs with a capacity of 363 persons in the area.
Ms Convery told the committee: “Yes the name wasn’t right for several years, but this was unknown to me that I had to change the name. I was told that it was okay until I had to renew the licence.
“This property is used to house post-graduate health care professionals such as doctors, nurses, midwifery staff and other members of health care teams. I have never had any problems with this property, and it is quite a pleasure to rent out.
“This is the only property we do rent out. I believe in providing affordable accommodation to those close to our hospitals in Belfast.” She added: “I have spent a lot of money trying to get it to this point, and I will be very disappointed if I wasn’t re-awarded the HMO licence.”
The Candahar Street property previously had an HMO licence issued by the council with a start date of January 11 2021, and an expiry date of January 11 2026, in the name of the existing owner Norton Cross Ltd.
A reminder letter was sent to the owner on December 3 last year informing them that they were required to renew the HMO licence before the expiry of the existing licence on January 11 this year. They missed the expiry date, and an application for a new HMO licence was received at the council from Norton Cross Ltd on January 23. A Temporary Exemption Notice was granted until April 27.
On March 2 2026, 26 percent of all dwelling units in policy area “Ballynafeigh” were made up of HMOs and intensive forms of accommodation apartments, which in turn exceeded the 20 percent development limit as set out in policy.
An agent for the property owner told the committee: “This was a simple mistake. I have a spreadsheet with all my HMOs on it, and I have a very good staff, who don’t make many mistakes, but they put in the date December 15 2026 for the renewal, instead of January. It was a simple typographical error.” He said the penalty “didn’t fit the crime.”
Houses of Multiple Occupation, also known as a “house-share” residencies, 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 Holylands and Stranmillis in South Belfast, where landlords pack houses with undergraduates and others.
Applications for new HMO licences have increased in other parts of the city in recent years. A series of applications have been refused across the city, but many applicants are successfully appealing the decisions via the Planning Appeals Commission.
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 exceed this, with some in the Holylands reaching over 90 percent. Outside housing policy areas the threshold is 10 percent.
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