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Objector claims HMOs ‘violate human rights’

Bellfield Avenue is one of the streets in the city with a high density of HMOs.
Bellfield Avenue is one of the streets in the city with a high density of HMOs.

Houses in multiple occupation (HMOs) in Dundee violate human rights, according to a letter of objection received by the council.

In objection to a new HMO licence on Mitchell street, Ann Keenan claims granting a licence to house more than two people would be a violation of Article 8 of the Human Rights Act 1998, the right to respect for private and family life.

Kennith Glass, a solicitor with Baillies, said: “To license an HMO does not mean you create a social problem in a neighbourhood. There are a large number of HMOs and other rental properties in Dundee that are not subject to such stringent controls, and the vast majority of them operate without any problems.

“This is a city with two universities and a number of colleges and thus a large influx of students, particularly in term-time.

“The percentage of students and percentage of HMOs that present any kind of antisocial problem is negligible.

“Some people tend to get hysterical about matters such as this and there is a tendency for residents to object simply on the grounds that it ‘may cause problems’.

“The licensing committee looking at this should see these claims are a hypothesis and ought not to reject any licence on that basis.”

Mr Glass was clear that the licence does not breach human rights.

He said: “Granting of the licence does not breach human rights it might be the case that the activities of some tenants in the past have breached the human rights of neighbours, but not simply by having the licence.

“People forget that the licences around HMOs are a relatively new development, and that for years and years, since at least the 1960s, the city has had a large student population with many properties having students living in them.

“The universities are in the city, students don’t want to be living out in Broughty Ferry or Forfar, and the economy in these areas has grown to support students, and in turn they support that economy.”

He said: “There is an element of hysteria around HMOs, but I can reassure people that there is a robust regime for dealing with problem properties and they are regularly reviewed.

“Things are far better in the system, where the council has far more control of the system and can manage it, if there are problems with a one or two-bed property there is very little the council can do.”

West End councillor Fraser Macpherson could not comment on the issue until it goes before committee, but said: “You can’t make a statement that all HMOs are a problem because it’s simply not true.

“But it’s also undeniably true that we have had problems with specific HMOs in the past.

“It’s important that people with problems make the council aware, make the antisocial behaviour team and the housing team aware and not suffer in silence.”