AQO 752/17-22 Oral question to the Minister for Communities
To ask the Minister for Communities whether she plans to bring to the Executive any proposed amendments to the Coronavirus Health Protection Regulations in relation to houses in multiple occupation.
Asked by Paula Bradshaw MLA on 17 September 2020
- Answered
- Oral
- Answered in the Chamber
- Tabled
- 17 September 2020
- Answer due by
- 28 September 2020
- Answered
- 28 September 202011 days after tabling
- Department
- Department for Communities
- Priority question
- No
Answer
Answered in the Assembly Chamber on 28 September 2020. Extract from the Official Report (Hansard), including any supplementary questions:
Ms Ní Chuilín
I thank the Member for her question. As she knows, the responsibility for coronavirus health protection regulations lies with the Department of Health. My Department has, however, published guidance for private rented sector landlords and tenants that includes information on shared houses. The guidance makes it clear that everyone living in a HMO is a member of a single household. I have no doubt that every Member of the Assembly will join me in appealing for all people in all types of households to adhere to the regulations and guidance. The operation of licensing for HMOs is a matter for local government and is currently led by Belfast City Council on behalf of all councils. As well as providing support and assistance to councils on the development of the HMO licensing scheme, my Department has provided detailed guidance for local government on the exercise of its HMO licensing functions and a statutory code of practice for landlords to manage their properties to the required standards. My officials will continue to participate in various cross-departmental groups, including those convened recently by the junior Ministers, and to work with all stakeholders to address ongoing issues in the Holylands.
Ms Bradshaw
Thank you, Minister, for your response. You will be aware that before we had the house parties, we had the house clearances, where they were dumping excessively in the alleyways, attracting all sorts of vermin, and engaging in antisocial and very inconsiderate behaviour. It is clear to me that the HMO Act as it stands is not strong enough, nor are the enforcement powers given to the council. I am wondering, given the experiences of the past few months, what you are planning to do to make the situation better.
Ms Ní Chuilín
My officials have been part of working groups along with Belfast City Council officials, and I am quite open in saying that, if they feel that the powers that they have are not strong enough, Belfast City Council officials need to feed that back to us. There is a big focus on landlords here as well as on tenants, because tenants have to be responsible for their behaviour. If it does come back to us from Belfast City Council, which is operating licensing on behalf of all councils, that there is a need for additional powers and additional enforcement, I am happy to look at strengthening councils' powers.
Mr G Kelly
The Minister may have answered some of this, but what are the present licensing standards? We had some comments from a Member who spoke previously about trying to strengthen them, but surely there is an obligation on landlords and managing agents to deal with antisocial behaviour in the buildings that they own or manage.
Ms Ní Chuilín
First of all, I agree that there is an obligation on landlords to ensure that their tenants are behaving responsibly. There is also a focus and, certainly, a responsibility on landlords because in order for them to get their licence for HMOs, they need to have fitness testing. There is also a responsibility on us all to be good neighbours. I concur with Paula Bradshaw that even before the return to university started, there were problems with houses getting cleared out, with the debris that was left for local residents. Unfortunately, that left Belfast City Council to pick up the tab. So there is a need to ensure that landlords fully accept their responsibilities, including before tenants go into their houses, when they are in those houses and when they leave them and before new tenants come in.
Dr Aiken
I thank the Minister for her remarks so far. Minister, you talked about the joint approach that we are taking towards dealing with antisocial behaviour, particularly the COVID regulations. Will you outline the discussions that you have had with the Justice Minister, who said last week that she was willing to participate fully in, but not lead, the work of the joint task force, particularly with regard to the Holylands?
Ms Ní Chuilín
The Member will be aware that the junior Ministers, on behalf of the Executive, are responsible for convening the group. I will not comment on what other Ministers do. If I am asked to look at additional powers, regulations or even additional support for councils, I am willing to do that. No one should be living in their homes in fear or unable to get a night's sleep: their kids are going to school absolutely exhausted and their quality of life is completely diminished, and that is unacceptable. I know that the universities have stepped up to the challenges well in trying to ensure that if reminders are needed, they have been given, and they were quite public about that last week. We seem to discuss this problem every year and we need to fix it.
Mr O'Toole
Minister, you said that if Belfast City Council come to you with a request for enhanced powers around HMOs, you will do something about it, but you have also just said that this has been a problem for years. So, will you take it from me, and from others who are representatives for South Belfast, that there is a major structural challenge around HMOs, their density and how they are managed in the Holylands? Can you please ask your officials not to wait for Belfast City Council to come to you, but to proactively reach out to find out what we can do to sort out this problem, whether it is by legislation, better enforcement or whatever else?
Ms Ní Chuilín
The answer is absolutely, yes. This has, unfortunately, been a perennial problem. Up until now there have been a lot of complaints, but there have been absolutely no requests, that I am aware of, for changes in the legislation or even additional powers. I am going to check it out to be sure, but let me be clear again: if there are requests, we will certainly look at them. Indeed, I am not going to pass the buck at all. In April last year, responsibility for HMOs was passed to Belfast City Council, on behalf of all the other councils, but if the councils feel that that arrangement need to be tweaked or to be changed, let us have a look at it before the review kicks in next year.