Nightmare neighbours could be forced on to the street if they refuse to leave their homes.
In a dramatic new move, Dundee City Council has called in its legal team to target troublesome tenants in HMOs (Houses of Multiple Occupancy) who linger in student properties despite their licences to live there being revoked.
Two HMO properties on Seafield Road in the west end of the city first came to the attention of the authorities in April after raucous residents “plagued and ruined” the life of neighbours.
A senior member of the city council’s licensing committee says the legal action is a “warning to everyone” involved in multiple occupancy properties and says the whole system of allowing HMOs into settled communities is “fraught with danger”.
Councillor Tom Ferguson has also called for a “totally new and fresh approach to HMO licensing” in the city.
The licensing committee recently removed the HMO licences for two flats following pleas from residents who told how neighbours urinated on their doors.
They also threw crockery and glasses out of windows.
Despite that landmark ruling, the properties continue to be occupied, to the consternation of neighbours who were hoping to finally live in peace.
Now, city bosses are targeting those responsible for the properties with their legal team, demanding they stand by the licensing committee’s ruling and evict the nightmare tenants.
A senior source within the council confirmed the action was to be taken.
However, when approached for a comment, a spokesman for the city council would only say: “We do not comment on the possibility of legal action.”
Mr Ferguson, who has been a severe critic of HMO licence holders over many years on the licensing committee, said the council’s move was a “warning to everyone” involved in that type of housing.
He added: “While it is obvious I cannot comment on the specific case for legal reasons, this situation of HMOs being revoked and legal action to evict their tenants was always going to happen.
“The whole system of allowing HMOs into settled communities was and always is fraught with danger and any alleged mismanagement of property or anti-social tenancies can cause havoc in those communities.
“Our officers are well aware of the predicament and will act in the proper legal manner.
“I will seek to clarify this matter and fully understand that we cannot condone any behavioural patterns that have adversely impacted on neighbourhoods.
“We are needing a totally new and fresh approach to the methodology of the HMO process, in particular as regards visitation rights to HMOs of concern which are under consideration by the committee.”
His comments were echoed by West End councillor Fraser MacPherson.
He said the fundamental point was that homes where three or more unrelated tenants are living require an HMO licence.
If that licence is revoked or does not exist, the city council is “duty bound” to take action to force them to leave.
He said while he was unable to comment on the specific individual case, the general point was that regardless of any lease tenants in HMOs have signed, the position is that if they do not have a licence, then it is legally enforceable to have tenants removed.
“My view is that as a general principle, if there is a house of multiple occupancy, then it absolutely must have a licence,” he said. “It’s the law of the land and that’s for the protection of the tenants as much as the neighbours.”