Currently passing through committee stage in parliament, the bill will allow housing associations to apply for a demotion if there is evidence of sustained antisocial behaviour. However, a court will not be entitled to question whether subsequent moves to evict are reasonable. To evict a tenant on a demoted tenancy, the association would not have to provide proof of continuing antisocial behaviour and could proceed on relatively minor tenancy breaches.
"Housing associations are not independent and they do not always act as we would expect them to," said Sally Morshead, chair of the Law Society's housing committee.
The Law Society's criticism comes after homelessness charity Shelter voiced its opposition to the proposals. Both the Law Society and Shelter favour an alternative approach that would see social services brought in to help problem families before the landlord resorts to eviction proceedings.
Housing associations don’t always act as we would expect them to
Sally Morshead, chair, Law Society housing committee
But housing professionals dismissed the Law Society's view.
"Anything that makes it easier for housing associations to deal with the most serious cases is welcome," said Angus Macdonald, head of housing at Medina Housing Association.
Source
Housing Today
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