Aster Group Housing Association

Debate between Jim Shannon and Simon Hoare

Wednesday 22nd February 2017 Commons Chamber

[Simon Hoare]

My hon. Friend is right, and he brings his considerable experience as a lawyer to this debate. I say in passing that I am grateful that a colleague from Dorset—my neighbour—has intervened. Interestingly, a number of colleagues, on seeing “Aster Group Housing” on the Order Paper, have sidled up to me and said, “Yes, we have problems with it. It is the least well performing housing in my constituency.” I mentioned that to representatives from Aster yesterday afternoon, when they came to see me again in Westminster. It was met with an incredulous shrug of the shoulders and, in effect, “We couldn’t care less. We have never heard that before.” They almost said, “We think you’re making it up, Mr Hoare,” so it is interesting to hear what my hon. Friend says. He is right about the duty of care, and, if he will forgive me, I will come on to that in a moment.

As I have said, the lady I am talking about is not vexatious. In an email dated as recently as 23 December last year, Emily Grounds, the housing association’s antisocial behaviour officer, said:

“We are satisfied anti-social behaviour is being perpetrated”

and

“it is our responsibility”—

“our” meaning the housing association—

“to resolve the issues”.

The situation has been going on since April or May of last year. In the words of Councillor Tong, who is the district council member:

“It is clear to all of us here that Aster are playing all the delaying tactics that they can”.

To return briefly to the injunction process, given the backdrop of the level of intimidation, such as the fact that tenants have attempted to drive my constituent off the road, hurled verbal abuse at her and damaged property within the curtilage of her own property, I suggest it is little wonder that she has been fundamentally unwilling—not to be obstructive, but only out of anxiety and fear—to play a part in the injunction process.

The housing association has taken the view—I do not believe that it is so clear cut as to be true—that without the active participation of the private resident next door, it is unable to begin the injunction process. I do not believe that is correct, and the briefing note prepared by the Library certainly does not seem to bear it out either. It is more likely that the housing association is just unwilling and it hopes the issue will go away.

[Jim Shannon (Strangford) (DUP)]

I am quite perturbed to hear about the case of the hon. Gentleman’s constituent. What he has outlined happens in many places across the United Kingdom, and I deal with such issues all too often in my own office. I wonder whether the system on the mainland is the same as that in Northern Ireland, where an association’s tenants have a set of rules that they must adhere to, and if they do not do so, they can be reprimanded and eventually evicted.

[Simon Hoare]

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.

[Jim Shannon]

I had hoped that the hon. Gentleman might mention that were his constituent to seek to sell her property she would have to notify any potential buyer of the problems she has had, which right away sets her at a financial disadvantage and makes it very difficult for her to do what she wants to do, which is to get out and get ahead.

[Simon Hoare]

I am grateful to my hon. Friend, because I had not thought about that point, but he is absolutely right. If there has been a neighbour dispute, the questionnaire that a seller has to complete for conveyancing purposes does not include a “get out of jail free” card—the question is not, “Was it a tenant?” or “Is the property rented in the private or social sector”; it is, “Have you had a neighbour dispute?” So he raises an important point.

In conclusion, against all the backdrop, the corporate brouhaha of a website and all stated policies, a lady who is trying to make her way and feel safe in her own home has been forced out of it, through fear, anxiety and intimidation. I say, more in sorrow than in anger—although it is quite hard to contain the anger—that the Aster Group has been fundamentally lacking in proactive engagement and sympathy on this issue. It needs to know, and my constituent needs to be assured, that I will not rest until we get the justice she has so far been denied.