Belfast City Council has made a watershed decision to refuse a Stranmillis landlord’s HMO licence renewal, on the grounds of anti social behaviour.
At the council’s Licensing Committee on Wednesday (March 16), elected members for the first time showed their teeth and refused a HMO licence renewal for 179 Stranmillis Road, after looking at a litany of evidence alleging regular anti-social behaviour from student tenants in the semi detached dwelling.
Since receiving powers from the 2016 Houses in Multiple Occupation Act Belfast City Council has not refused a single HMO renewal application until now. However elected representatives at the council Licensing Committee had become increasingly worried that they were merely “rubber-stamping” existing licences for landlords.
Read more: East Belfast housing schemes get go-ahead at City Hall
This decision could open the floodgates for landlords to lose their HMO licences in areas such as the Holylands and Stranmillis, if residents can give significant evidence to the council of bad management and rowdy neighbours. The committee decision will be susceptible to legal challenge.
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 Holylands and Stranmillis in South Belfast where landlords pack houses with undergraduates.
HMO licence renewal cannot be refused on the basis of overprovision of such properties in an area. While the council policy is that HMO’s should not account for more than a third of any area, in reality many streets well exceed this, with some in the Holylands reaching over 90 percent.
The next door neighbour to the offending address on Stranmillis Road, who has lived there for 35 years, contested the renewal and referred to policy regarding proper management arrangements for accommodation.
She told the committee: “The HMO licence was granted for 179 Stranmillis Road in 2016, and during the subsequent five year period we have endured continual disturbance to family life. Despite the litany of complaints provided in the bundle provided, the situation remains unchanged.
“We have enquired about the owner and agent’s current anti-social behaviour plan but we have not had a reply to date. We have not received any substantial feedback or follow up to any of our complaints or enquiries.
“We have been placated with the promise of more suitable tenants for the next period, and we have been requested to endure the situation until the end of the contract.”
She added: “The house 179 was an owner-occupied home until it was purchased approximately 20 years ago by the now HMO owner. Since then the house has been let to a variety of tenants. Over this period we have absorbed primarily anti-social behaviour, and a myriad of serious issues.”
She said: “Our current neighbours are three or four young men, I don’t know how many, with friends staying at the weekends, with the predictable lifestyle of young men. We get continuous noise and parties, banging doors, music, an electric guitar with an amp at all hours.”
She said: “Our contention is that the agent and owner have contained this situation over the past five years, but they certainly have not managed it. It is on this basis they have not complied with Schedule 2b in the legislation.
“The agent suggested they could evict the tenants, but it would take three months and the consequence could be a possible backlash and a rough few months for our family should the tenants be reprimanded for their anti-social behaviour. Again, we are disadvantaged and under threat as a consequence of the owner and agent’s inaction.”
She added: “All I want is peace, and not to have to worry about the weekly disruption, the lack of sleep and the threat of ASB. We had our daughter here in January, and she could not believe the situation we were enduring. Her reaction made me realise just how awful this situation is.”
A representative for the landlord’s agent Fetherston Clements told the committee that the landlord “surpasses the requirements to be classified as a fit and proper person” and added that the council had been satisfied that the property reached all HMO requirements after the last inspection.
She said the property was “well maintained” and there were no complaints from the other neighbouring property, which shares a driveway. She said the anti-social behaviour plan involved “pre-tenancy checks, a tenancy agreement, intervention if incidents occur, and prevention of further incidents.”
The agent said: “The current tenants have felt harassed by the number of complaints, including those about playing musical instruments before 11pm. They believe the noise is not excessive when they socialise in the property.”
The agent acknowledged there was an incident in January involving the council noise team reporting audible noise from the property. She said “with hindsight” that “perhaps final year students would be a proper fit for the property.”
Sinn Fein initially suggested the property receive a one year renewal with new and stringent conditions, but changed position when the DUP and Alliance indicated their opposition to the licence renewal. The decision to refuse the HMO status was unanimously agreed across the parties.
DUP Councillor Dean McCullough said: “Our party thinks this hasn’t been managed as it should have been managed. I commend the residents coming here, being outside their comfort zone, and giving a presentation detailing the impact this has had on their lives.” He said it was “laughable” for the HMO tenants to “present themselves as victims in all of this.”
He added: “I have to say, weighing up the presentations, I am more than confident who to view as the victims. You can talk about how you maintained the home, investment in the home, you can build a castle, but if that type of anti-social and anti-community behaviour is taking place it doesn’t take away from the impact on ordinary decent residents.”
He added: “We see this month on month in the committee. Streets that were once tight knit and quiet residential streets are being decimated. And neighbours who once had a great sense of community are having to live daily with the impact of this constant change of tenancy and this constant anti-social behaviour.”
Read more: Belfast Beer Festival move to Botanic Gardens raised at City Hall
Read more: DUP and Sinn Fein clash over Féile Wolfe Tones concerts at Falls Park
To get the latest breaking news straight to your inbox, sign up to our free newsletter.
