tenants rights Archives

Our leader, Keir Starmer, has vowed to enable communities to take control. This got me thinking about how we make this a reality for social housing tenants.

The Grenfell Tower tragedy and the death of Awaab Ishak have highlighted why it is critical that tenants have an effective voice. The responsible organisations, Kensington and Chelsea ALMO[1] and Rochdale Boroughwide Housing Association had tenants’ representatives on their boards. The problem was that they could not affect the culture and practices of these organisations.

The challenge is captured in the introductory paragraph of the London Tenants Federation (LTF) 2021 Tenants’ Manifesto.

As social housing tenants, we and our homes are often written about by government ministers, journalists, think-tanks, charity policy teams, architects and academics. Some portrayals are sympathetic to us, but many are not.

The vast majority of these ‘experts’ have no experience of living in social housing. It is essential for us that a strong and articulate social housing tenants’ voice is heard in respect of the decisions made about our homes and communities.

In 2016 the Conservative Government drove the Housing and Planning Act through Parliament with next to no engagement with tenants. I cannot imagine a government passing legislation affecting the private sector without consulting with lobbying organisations. The outcome was that the Act was passed, but was not enacted, because the in-coming Prime Minister, Theresa May, realised that it would cause too much hardship.

The reason that social housing tenants are disempowered is due to class. Most social housing tenants are working class, however there is also the sadly familiar intersection with other forms of discrimination.

The starting point of tenant empowerment and even more importantly improving the living conditions and safety of tenants, must be adequate funding for social housing. Councils and housing associations have been systematically underfunded for decades. Most councils are now reporting that they do not have sufficient funding to make their ageing stock liveable and safe. Social housing tenants have experience of making ‘tough decisions’ about priorities in their personal lives and this is an expertise that they bring to decision-making. However, it is unfair to expect tenants to serve on boards and take on legal and moral responsibility for housing that is insufficiently funded to be safe.

A tenants’ voice

Tenants either know best or a very least can bring a helpful insight. They need a voice at a local, regional and national level. Active tenants make a difference. I can walk onto a housing estate and tell from the standard of cleaning and communal repairs whether it is benefitting from an active tenants’ association. I marvel at the varied mutual aid initiatives that happen on many estates.

Effective empowerment requires training and support for both the unpaid, tenants, and paid, officers. Those being paid may need training to help leave behind negative stereotypes and to support them to deliver the outcome that tenants desire. Tenants also need support to engage effectively. We need to acknowledge that open democracy can bring to the fore difficult people, whose bad behaviour, if not effectively challenged, will alienate others. Tenant engagement is risky, the biggest risk is that there is no outcome from the consultation and that those who got involved are never seen again and their experience of powerlessness is reinforced.

The 2023 Regulation of Social Housing Act gives individual tenants new rights as customers but is weak on collective rights. When the Social Housing Regulator finds its stride, it should require housing providers to demonstrate that tenant engagement has made a tangible difference to the way services are delivered. The same criteria should be applied to funding applications to build new homes. Why should we be funding organisations who are not managing their existing homes well to build more homes?

A tenants’ levy

Councils, ALMOs and housing associations fund landlord lobbying organisations, but there are no parallel, equally well-funded, bodies for tenants. Landlord organisations may encourage collaboration with tenants’ groups on issues of mutual interest, such as increasing the supply of social housing, but there is little evidence of engagement on issues where tenants may have a dissenting voice, such as the CEO’s salary. Landlords should look again at the fairness of this arrangement. Also, a tenants’ levy of say a penny on the rent each week by every housing provider could help fund independent tenant activism.

Neighbourhood management

Tenant empowerment presents the greatest challenge for the largest and most geographically dispersed housing associations. Many areas have several social housing providers operating within them. I live on the eastern side of the Old Kent Road in Bermondsey, South London. We have a concentration of ageing, under-invested in social housing. Landlords include Southwark Council, City of London Corporation, Peabody and Hexagon. Problems on one estate spill over on to others. What we desperately need is a coordinated approach to investment, management and support for our community. My proposal is that diverse social housing providers devolve responsibility and funding for housing management to a new local and democratically controlled neighbourhood management organisation, whilst retaining ownership. This would allow councils and housing associations to use their assets to build new affordable homes, whilst management would become local and better.

These neighbourhood management organisations, would have a board of elected tenants, operate in urban areas where there is a high density of social housing and cover around 2,000 homes. Funding would be provided by existing housing providers contributing what they currently spend on housing management and maintenance into the neighbourhood pot.

Tenants Empowerment Grant

Up until 2010 there was a Tenants Empowerment Grant (TEG) of around £1m per year in England. It was slashed by the Government in 2010 and then abolished in 2015.

TEG paid for the support and training that council tenants needed to exercise their Right to Manage. 140,000 council residents on 130 estates have taken on the direct management of their homes. Tenant Management Organisations (TMO) consistently achieve higher levels of tenant satisfaction than the rest of the council stock. Tenants’ groups that gain confidence managing their estates often undertake wider activities to support their community. TMOs must hold a formal continuation ballot every 5 years to test with their residents whether they are staying true to their principles and they retain tenants’ support. If a TMO fails to gain the support of its tenants the TMO folds and staff lose their jobs, this level of jeopardy has a profound and positive effect on the culture of the staff team.

Whilst the Right to Manage still exists, without funding for training few tenants’ groups have been able to exercise this right since 2010. As well as restoring the Right to Manage as a funded option for council tenants, the right should be extended to housing association tenants. As with a neighbourhood management organisation, housing associations would still retain the asset and the rental stream, minus a management and maintenance allowance, therefore their ability to build new homes will be unaffected.

TEG also paid for tenants to explore options short of full management control, For instance a group of tenants may be particularly aggrieved about estate cleaning standards and want to take it over.

National and Regional Tenants’ Lobbying Organisations

Just before the TEG was cut in 2010 moves were underway to create a body known as the National Tenant Voice to represent the interests of social housing tenants and be a sounding board for the government.

In 2022 the Government set up a rebranded Resident Opportunities and Empowerment Grant of £500,000 for partner organisations to bid to provide training, capacity building and independent advice. This is exactly one of the roles that a national, mass-membership, representative tenants-led organisation should be performing. Hopefully, when the current contract comes up for renewal there will be such an organisation in place.

The LTF argue for a tenant-led think tank to generate policy ideas, rather than just respond to the agenda of the government of the day.

With Labour committed to greater devolution to regional authorities, tenants’ representation at this level will become important. A model is provided by Sadiq Khan’s Housing Panel, in which representatives of Londoners at the sharp end of the housing crisis advise on housing policy.

Combined approach

There are different approaches that people can take to collectively improve their housing situation, tenant associations, tenants’ panels, TMOs, housing cooperatives and community land trusts. If funding exists, the funding streams are separate. There is an argument more joint working, lobbying and sharing of ideas will give tenant empowerment a higher profile.

Community Land Trusts and other community organisations are playing a vital role in encouraging support for new housing developments when local opposition may be an issue. Hopefully, the Labour Party will not lose the idea of transferring unsafe homes from the private sector into public and community ownership. During the 1970s, 80s and 90s tenant cooperatives demonstrated that they could restore rundown street properties in a cost-effective way.

Low cost-high impact

We all know that Labour will inherit the consequences of the Tories’ financial mismanagement. In the context of overall government expenditure the cost of the proposals outlined is small, however their adoption will demonstrate Labour’s commitment to empower some of the most voiceless citizens of this country.

For too long tenants’ voices have not been heard with devastating consequences, if we can win the next election, we have the chance to change this.

I want to apologise to participants in the 2019 London Tenants’ Federation and 2023 London LHG conferences, whose ideas I have stolen without crediting them. My theft would be too egregious if I do not mention Sharon Hayward, Pat Turnbull, Lee Page and Cllr. Mick O’Sullivan.

Andy Bates is a member of the LHG Executive. He has recently retired from full-time work after 40 years working in council housing. For 27 years he was manager of Leathermarket JMB, a TMO in Bermondsey, South London. He is now an associate for Community-Led Housing London and TPAS, a CIH tutor and board member of Wenlock Barn TMO.

[1] You may be more used to references to Kensington and Chelsea Tenant Management Organisation (TMO). This is a name that the organisation gave itself. However it is an important principle that it is correctly referred to as an Arms-Length Management Organisation (ALMO). Kensington and Chelsea own over 9,000 council homes. Every other TMO is much smaller, managing between 50 and 1,500 properties, with more direct resident involvement and scrutiny than was the case in Kensington and Chelsea. For a fuller explanation read Pete Apps’ excellent book Show Me The Bodies: How We Let Grenfell Happen

Students often experience some of the worst housing conditions in the country, yet their voices are often marginalised and ignored. The issue has worsened, to the extent that student housing has essentially become a joke, with various popular culture depictions portraying the often disgusting conditions in which students are forced to live.

Fresh Meat provides a prime example of this; while it might seem hyperbolic at first glance, for those who didn’t go to university or who were privileged enough to be able to spend extortionate amounts on purpose-built student accommodation. Even students who can afford this, still face problems with the standard of accommodation and value for money available.

However, slug trails, mould, broken windows, burglaries and malfunctioning boilers are all issues that students are faced with regularly. This is not hyperbole, it is reality.

I have spoken to many of my friends and family members about student housing and nobody was surprised by my experiences of substandard housing and neglectful landlords. Everybody knows that this is happening. In my own experience, I have dealt with broken windows not being fixed for four months, mice, slugs, mould, no heating or hot water for weeks, windows with no curtains that woke me up at sunrise everyday and landlords turning up unannounced during a pandemic without masks.

Throughout this pandemic hundreds of students have posted on platforms such as TikTok, showing leaking ceilings, broken kitchen equipment and rat infestations. So it begs the question of why this is allowed to continue. It is a woeful neglect of young people and it leaves students incredibly vulnerable and living in awful conditions.

This isn’t only a problem with students privately-renting, it is also a problem with student accommodation, whether provided directly through the university or a third party provider. As the Guardian reported, student accommodation ‘doesn’t officially classify as housing…as it falls outside a specific use class, it doesn’t have to adhere to the usual standards associated with dwellings’. It means that student housing is often treated as either a hotel (C1) or residential institution i.e. care home or hospital (C2), because these types of accommodation are not intended for prolonged residence, there are far fewer regulations when it comes to space and daylight.

The responsibility for the poor conditions and facilities that students endure in purpose-built student housing lies directly with universities and third parties. Universities have, or should have, a duty of care to their students and exploiting gaps in housing regulations completely contradicts this moral obligation.

There is a huge divide in student cities, between aging university-owned student accommodation that is in dire need of refurbishment, and brand-new purpose-built accommodation often in city centres. For the majority of students, choosing their university accommodation for the first time they are faced with a dilemma: spend all or the vast majority of their student loan on quality accommodation and struggle with living costs for the year or have more money to enjoy their first year of university life, but live in poor housing.

Most students choose the latter and while it might seem like a good compromise for them, students should not have to choose between having enough student loan to survive, and living in adequate housing.

Part of this comes down to a lack of understanding about tenants’ rights among students. I’d argue that the blame for this lies with the universities themselves. They clearly understand the position that young people are in when they arrive at university. Yet, they don’t provide any real information to students about their rights with regards to renting. The vast majority of young people rent for the first time at university and so this kind of information would be crucial to these students. Why is none provided?

ACORN renter’s union has been working hard in many major student cities to provide students with more information about their rights. Additionally, they have taken action on behalf of students who are struggling with neglectful landlords, such as their recent action in Manchester when ‘over 25 ACORN members marched on the business address of Zear Property who left university student Kelsey in squalid living conditions so bad, that she was forced to move cross-country back to her hometown in the middle of the pandemic.’

While, of course, it is great that students have groups on their side in these situations and this support is clearly needed, it should be the landlords themselves and universities that are taking action. Additionally, it is clear that gaps in regulations surrounding student accommodation needs to be resolved.

It is interesting then, that when young people attempt to make their voices heard about their housing experiences they are often dismissed and deemed irrelevant or naive. The state of the housing market at present means that it will likely be decades before current university students are able to put down a deposit on a first house, and so their experiences of renting are incredibly valid.

Moreover, if young people do not know their rights with regards to tenancies and are taken advantage of during their university study, they will likely continue to be taken advantage of once they graduate. This creates more opportunities for landlords to cut corners, provide substandard accommodation and charge extortionate prices for the privilege.

The government has argued that it has introduced measures to protect students in student housing and this is woefully inaccurate. Although protections have been put in place regarding deposits, and this has been a welcome development, there is much more that needs to be done. This government announcement suggests that more has been done to make sure that landlords resolve problems quickly, yet this is just not being seen implemented in reality.

From my personal experience, I had to wait for three months for our heating to be fixed, despite being in constant contact with my landlord asking them to resolve the issue. Landlords certainly seem to exploit the lack of understanding of the rights of tenants at present and government action has done little to resolve this.

We need real, robust action from universities to provide useful information to students from the moment they apply, months before they will need to choose accommodation. Young people need to be aware of their options, realistic expectations and rights before they enter into any contracts. Some universities provide lists of approved landlords, who do not attempt to take advantage of students, while other universities actively attempt to discourage any such lists being made.

Universities need to be standing up for their student populations and working with local councils to ensure that private student housing is up to scratch. MPs also need to be raising this issue, to draw attention to the increasing disparity between aging student accommodation and modern expensive accommodation, but also to amend legislation to make sure that student housing is adequately regulated.

Greater consultation with students over their housing experiences would help to identify major problems and explore mitigation. Our experiences are valid and they represent a significant problem of landlords having too much power that is present throughout our housing sector.

Amy Dwyer

Amy is the Chair of the Young Fabians Education Network, Founder of the University of Manchester Young Fabians and Co-Secretary for Labour Doorstep.

Alongside this, Amy is also studying for her MA Politics and is standing as the Labour candidate for Longton and Hutton West in the South Ribble Borough Council By-Election.

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