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There is no commission to pay, the housing provider finds the tenants
and pays you the full market rent – whether or not the place is
occupied. It also guarantees to return the property to you redecorated,
clean and tidy.
Such is the demand that you may also be offered a golden hello of up to
£5000. There are no agents involved, no inventory checks and no deposits
to worry about. If a tenant trashes the place, it is the provider’s
responsibility to make good the damage.
In fact, when all goes well, it is a wonderful scheme which leaves the
landlord completely free of all cares and responsibilities while the
rent comes in on the dot every month.
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But what about when things go wrong, such as when the social housing
provider puts in a tenant from hell?
Most of the people housed in this way are considered to be ‘in need’,
which means they are vulnerable in some way. And although this does not
necessarily mean they will behave badly, there is always an increased
risk that they will not turn out to be ideal tenants. And once they are
in, it is not so easy to get them out as they are deemed to be ‘housed’.
Here is a case in point. An owner in the building where I live has taken
the apparently easy option of leasing his flat to Adur District Council,
near Brighton. The first occupants, a family of two adults and a
teenager, were absolutely fine and made friends with other residents.
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The subsequent tenant, a single mother with a toddler who moved in at
the beginning of this year, is just the opposite. She screams and shouts
at a succession of tattooed young men who apparently live there as well,
accusing them of beating her up. She screeches at her toddler and drags
him along the corridors. She plays deafening music into the small hours.
Windows have been smashed and police called on at least 3 occasions. Two
private tenants have moved out, unable to stand the row, and one owner
cannot sell his flat because of the mayhem.
Very many residents, plus the managing agents, have contacted the
council to complain. The council say they are taking ‘action’ against
their tenant for a number of breaches of her tenancy but add that the
matter is a lengthy process, also confidential, and cannot be discussed
with aggrieved occupants. The complaints began several months ago, but
the tenant is still firmly in situ.
The property owner has also been contacted, and shrugs, saying there is
nothing he can do as the property is now out of his hands.
Is there anything to be done to get such tenants evicted?
I spoke to Dennis Wallis, legal manager of the Notting Hill Housing
Group, which currently houses over 3000 people ‘in need’. He makes the
following points:
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In the eyes of the law, a social tenant is a normal tenant who has
signed a tenancy agreement, and must abide by its terms in the same way
as any other tenant.
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With social housing, the tenant will always defend any action to
evict, as otherwise they could literally be homeless and there would be
no further statutory duty to house them. This is why it can be a lengthy
process. And where there is a small child, a tenant cannot be put out on
the street, however badly he or she behaves.
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Other reasons for reluctance to evict could mean that there is no
other housing available, and the tenant would have to be put into B&B
accommodation, which would cost the council twice as much as a flat.
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In the private sector, many checks are made before potential tenants
are allowed into a property. With social housing, the assessment is
based purely on need, not as to whether the person is a fine upstanding
citizen who will pay the rent on time and look after the property.
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Such tenants do not have complete security of tenure however, and they
can be evicted after six months, but it is difficult to get them out
before that.
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If you are a leaseholder in a block of flats, you must also get
permission from your freeholder to sublet in this way. Some leases do
not allow it.
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If a social tenant turns out to be anti-social, you as the leaseholder
could be issued with a Section 146 notice by the freeholder, have your
lease forfeited, and lose everything. Because reference checks are not
carried out on tenants, any property owner should think very carefully
before deciding to lease to a social housing provider.
What residents and neighbours can do:
1. Call the police and report a breach of the peace.
2. Call the environmental health department which has a statutory duty
to prevent noise and can forcibly remove the stereo or issue an
injunction.
3. Where there are small children being ill-treated, complain directly
to the social services and child protection agencies.
4. Complain directly to the owner or leaseholder of the property, who
can take action against the housing provider for breach of contract.
5. In blocks of flats, inform the managing agents and the freeholder,
who can issue proceedings for forfeiture of the lease.
6. Complain in writing to the housing provider, and if this has no
effect, make a formal complaint by requesting a copy of their Complaints
Procedure. Your complaints should be acknowledged within 5 days and a
response sent within 10 days. Where a local authority has housed the
tenant, you can ask the Chief Executive’s office to look into the matter
further.
7. The next step would be to contact the local government Ombudsman.
However, the Ombudsman would not begin an investigation until the
council has tried its best to resolve the complaint.
8. Never let up, as otherwise the provider will imagine the problem has
gone away.
9. Remember, safety in numbers. The more residents you can persuade to
complain, the quicker the problem will be addressed.
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