Clause 261 - Certain family intervention tenancies: termination
Housing and Regeneration Bill
10:45 pm
Iain Wright (Parliamentary Under-Secretary, Department for Communities and Local Government; Hartlepool, Labour)
I disagree with the amendment, although I appreciate the manner in which the hon. Gentleman moved it. If we accepted the amendment, it would allow the courts to postpone, stay or suspend an order for possession granted in respect of a common law tenancy. As I think that he said, currently that is not the case. A court must award possession if it is satisfied that due process has been followed, and set the date on which the landlord can gain possession of the property.
If, for instance, a family wilfully refuse to pay rent for the family intervention project accommodation that they are occupying, having voluntarily agreed to do so, the amendment would mean that the courts had the power to decide whether, and on what terms, the tenant might remain in the property. That would create a situation similar to that of secure or assured tenancies. I believe strongly that that would seriously undermine our proposal that family intervention tenancies should be common law tenancies. We want to provide landlords with greater flexibility in arranging tenancies for families who have voluntarily accepted support and who are housed in specialist accommodation.
Family intervention projects have been proven to deliver notable successes in helping families address the root causes of antisocial behaviour. To give courts the discretion proposed by this amendment would threaten the use of family intervention tenancies as an effective tool in encouraging families to comply with the terms of their support contract. In other words, in voluntarily accepting a family intervention tenancy, they should be aware of the consequences of their actions. If they subsequently refuse to meet the conditions of the tenancy, the landlord may move to evict swiftly.
I understand what the hon. Member for Montgomeryshire said, however, and his concerns about clause 261. We are mindful already of the need to guard against the misuse of family intervention tenancies and have provided safeguards in this clause, including a right to a review of the reason why eviction is being sought under a local authority family intervention tenancy. In addition to that review procedure, it is possible, if the tenant deems it necessary, to apply for judicial review of the reason for a decision to evict.
If one accepts the premise, which I do not, that the courts should be given discretion where possession under a family intervention tenancy is sought, I question the validity of removing that discretion solely where possession is sought on antisocial behaviour grounds. I think that the hon. Gentleman made that point himself, so in some respects I am making his argument for him, which was not my intention. However, it would mean that courts would have discretion over matters such as rent arrears, with which it is relatively easy to demonstrate matters of fact, but not in cases of antisocial behaviour, in which issues are often much more complex and open to subjectivity. On that basis, I disagree with the amendment. I think that we have covered this matter adequately in the Bill, and I hope that the hon. Gentleman will withdraw his amendment.