Houses in Multiple Occupation Act (Northern Ireland) 2016

Restriction on applicationsN.I.

This section has no associated Explanatory Notes

25—(1) This section applies where a council refuses to grant an HMO licence, except where the refusal is solely because the council is not satisfied as mentioned in section 8(2)(a) (planning control).

(2) Where the refusal is on the ground that any person is not a fit and proper person (see sections 8(2)(b) and 11(b)), that person is to be regarded as not being a fit and proper person for the purposes of any application for an HMO licence made in the restricted period.

(3) Where the refusal is on one or both of the grounds mentioned in section 8(2)(d) and (e) (overprovision, and accommodation not habitable or not suitable for HMO), the council may not consider any application for an HMO licence in relation to the living accommodation in question made in the restricted period.

(4) The “restricted period” is the period of 1 year beginning with the date on which notice of refusal is served under paragraph 13 of Schedule 2.

(5) This section does not prevent the council from considering an application made in the restricted period if the council is satisfied that there has been a material change of circumstances.

Commencement Information

I1S. 25 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)