Aster Group Housing Association — House of Commons, 2017-02-22
Topic: Housing
Simon James Hoare (Conservative, Centre-right): My hon. Friend—I call him that, because I see him as an hon. Friend—is absolutely right. Further perusal of the corporate propaganda of the association makes it absolutely clear that antisocial behaviour is a breach of the tenancy. It is utterly and totally unambiguous in its assessment of what such behaviour represents, yet even now it refuses—it is either unwilling, or whatever—to take the action that I believe is actually required Earlier this year, I wrote a letter, as I am sure we have all done, to make a request or a suggestion that I would say, in the vernacular, is a no-brainer. We could almost write ourselves the answer that we would expect to get, because the request is modest, politely and respectfully put, and the expectation is clear. The request was very simple: given the fact that my constituent is now incurring costs that she cannot sustain, is racking up debts that will have to be serviced in due course and has a home that she feels she is not safe to return to, could the association make some contribution to her additional housing costs while this matter was being resolved I hope that the request was not naive—with hindsight, I think that it actually was—because I merely said that I was aware that the housing association had no legal obligation so to do, but given its stated corporate aims and objectives, there was a moral case or moral compulsion for its taking part in that process. That elicited a response that told me what I already understood—it is always nice when that happens, is it not?—which was that, regrettably, it had no legal obligation. In a letter to me, Margaret Wright, the Aster Group regional director for Somerset, Devon and Cornwall, and Wiltshire, wrote that "regrettably, I cannot agree with you that the association has a moral obligation to do so." That is in sharp contradistinction to what it states in its corporate objectives about wishing to be a good neighbour that is engaged in the community and doing good in our rural areas. This is a prima facie case not just of its not doing good, but of its tenant doing singular and significant harm and of its seeming to be unwilling or unable to intervene. That has been the most depressing thing of all: the utter and total Pilate-like washing of hands of any form of moral obligation In closing, this case has raised two issues to my mind. I invite the Minister to reply—not necessarily from the Dispatch Box this evening—and to give further thought to this matter. I am happy to meet to discuss the matter, or to enter into communication with him It is now clear that for a housing association to evict a tenant it is convinced is committing antisocial behaviour—behaviour that is damaging the house itself or damaging neighbours’ private property and making their life a misery—it is overly onerous that the active engagement of the person who has brought the complaint is needed to seek redress in the courts, if Aster is correct. It surely has to be a gap in the guidance if, in a housing association-tenant relationship, there is no additional duty of care or responsibility for the behaviour of its tenants. Under Aster’s rules, if a tenant commits antisocial behaviour and is in breach of their tenancy agreements, that should be that, but it is not. If my constituent was married to a 6 foot 2, burly weightlifter-type guy who was always around—[Interruption.] Not like me, I say in answer to my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson). I am more of a Jack Russell variety, rather than the more robust type of guard dog that my constituent would need. Notwithstanding that, I am a doughty champion of my constituent’s cause Living alone in an isolated area, my constituent sought the advice of the police. I cannot thank enough Tom Clements and others in the constabulary who have engaged closely with this situation. The police budget, as we know, is always difficult and strained—this is in a sparsely populated area—but they have bent over backwards to do what they can. They have made themselves available to me and I want to put on record this evening my enormous gratitude to them. However, they had to confirm to my constituent that, given the location of the property, they could not guarantee her safety and security if the injunction was granted and the eviction was made, and—the natural corollary of that—if the injunction was not granted and the tenants remained We even suggested to the housing association, which is always seeking to add to its stock, whether it might be interested in buying the property at the market rate—not with any huge uplift or overage. That rather commonplace suggestion was also dismissed out of hand It may well be that Ministers need to consider the rules and regulations on the eviction of housing association tenants, the vast majority of whom—let me put it on record, so it is not in any way misconstrued—are decent folk, law abiding and helpful members of their community The second point I invite the Minister to consider is the duty of a social landlord where their properties are adjacent to private residents. It could easily lead to the devaluation of the property, although that is not the point, of course. A housing association has the ability to place a troubled family or someone with a history of antisocial behaviour. It has placed the tenant there. If antisocial behaviour occurs, it has to have a greater duty of care, and certainly a greater duty of responsibility, to residents. As the principles of the housing White Paper evolve post-consultation, they might provide a hook on which to hang something to gain traction in dealing with this problem. As things stand, however, all I have been able to do, on behalf of one of my district councils, a distressed resident, the police and myself, is put on record our anxiety and upset in respect of a private resident who until the arrival of these tenants had been enjoying her life and the property for which she had worked so hard.