Houses in Multiple Occupation Act (Northern Ireland) 2016

9—(1) The council must serve a notice under this paragraph on— N.I.

(a) the applicant, and

(b) each relevant person.

(2) A notice under this paragraph must state which of the following the council proposes to do—

(a) grant the licence in the terms applied for;

(b) grant the licence in terms different from those applied for;

(c) refuse the licence.

(3) A notice under this paragraph must also—

(a) if the council proposes to grant the licence, set out the main terms of the proposed licence and any terms which differ from those applied for,

(b) state the reasons for the proposed decision (including any proposed differences), and

(c) specify the date by which written representations by the recipient of the notice must be made.

(4) The date specified under sub-paragraph (3)(c) must be not less than 14 days after the date on which the notice is served.

(5) The notice must be accompanied by a copy of any valid representations received by the council in response to a notice under regulations under paragraph 2.

(6) In this Schedule, a “relevant person” is any of the following (other than the applicant)—

(a) a person named in the application in accordance with paragraph 1(2)(d) or (e) (managing agents and persons having an estate in the HMO);

(b) a person who is not so named but who, to the knowledge of the council—

(i) is or is proposed to be a managing agent of the HMO, or

(ii) has a relevant interest in it (see sub-paragraph (7));

(c) a person who is proposed to be named in the licence as a person on whom a restriction or obligation is imposed under section 14.

(7) In sub-paragraph (6)(b), a “relevant interest” is—

(a) a freehold estate;

(b) a leasehold estate, unless the unexpired term of the lease is 3 years or less;

(c) a mortgage, charge or lien.

Commencement Information

I1 Sch. 2 para. 9 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)