Mayo councillors question 'mixed messages' regarding Anti-Social Behaviour Strategy
Councillors on Housing SPC seek review of HAP and RAS policy following Minister's clarification
Mayo councillors have called for a review of the local authority's Anti-Social Behaviour Strategy after claiming there is 'mixed messages' regarding legal advice they received.
Mayo County Council recently approved the draft Anti-Social Behaviour Strategy for tenants of local authority housing but on legal advice they agreed not to include Housing Assistance Payment (HAP) tenancies in the strategy as this is a matter between the landlord and the tenant, and 'the Council’s only involvement is in effect a guarantee that the landlord will be paid the agreed rent'.
However, councillors are now calling for further clarification after receiving what they believe is clearer guidance from the Minister for Housing on the treatment of Housing Assistance Payment (HAP) and Rental Accommodation Scheme (RAS) tenants involved in anti-social behaviour.
The issue was raised by Westport-based councillor Peter Flynn at the Housing Strategic Policy Committee meeting where he reminded members that when the council adopted its anti-social behaviour policy, HAP and RAS tenants had been excluded on the basis of legal advice.
“We made one significant amendment based on the legal advice we received and excluded HAP and RAS from the categories of qualifying tenants,” Cllr Flynn stated. “That was based on the legal advice we received at the time.”
However, he said a subsequent response from the Minister appeared to indicate that local authorities may refuse or withdraw housing assistance where a household member has engaged in anti-social behaviour.
Questioning the advice previously received by the council, Cllr Flynn said: “We're getting very mixed messages. Either we're asking our legal advisers the wrong questions, or their competency is certainly being questioned.”
He also referred to Section 45 of the Housing Act, saying the Minister's interpretation appeared to differ from advice being provided to council staff.
“That runs completely contrary to the legal advice our municipal district officers are getting, where they're saying that if people are in breach of their tenancy agreements or engage in anti-social behaviour, the council has to find an alternative location," he said.
Cllr Kilcoyne argued that the Minister's position was ‘very clear’, stating that local authorities have powers to withdraw housing support where anti-social behaviour has been proven.
He further stated that a submission should be made at the next meeting. “We want that incorporated into the policy because there's an obligation on the council to have an anti-social behaviour policy.”
Responding on behalf of Mayo County Council, Director of Services for housing, Catherine McConnell said officials had referred the Minister's correspondence to the council's legal advisers for clarification.
She said the legislation and the council's Anti-Social Behaviour Strategy dealt with different issues.
“The Minister is correct in what the Act says,” Ms McConnell said. “But the reality of us enforcing a private contract between a tenant and a landlord is not something that we can investigate.”
She further stated that the council could act where there had been a conviction or a determination by the Residential Tenancies Board.
“If we have a conviction for anti-social behaviour, or a determination by the RTB based on anti-social behaviour, we can withdraw those supports. That's quite clear,” she said.
Later in the discussion, Cllr Harry Barrett suggested the council could introduce an additional section or a standalone document dealing specifically with HAP and RAS cases.
"There would be nothing stopping us from having a Section Two of this policy, an addendum that covers HAP and RAS tenants," he said.
He argued that the public expected the council to act where tenants receiving public support had been convicted of serious offences.
“If a HAP tenant has a conviction for anti-social behaviour or is selling drugs from the premises, surely we can't sit idly by and allow our HAP office to continue payments to that individual,” he said. "There has to be a moral obligation on us to step in.”
Cllr Flynn also proposed a guidance document explaining the council's legal powers.
“People don't know the difference between HAP, council housing, and RAS. They all assume that because the council is making the payments, it's all part of the council,” he said. "We need something black and white that explains exactly what the position is.”
He also called for fresh legal advice on Section 45 of the Housing Act.
“We really do need to get to the nub of that because that's the single biggest issue as far as I can see,” he said. “Local officers have no idea how to deal with this situation.”
Ms McConnell agreed that officials would seek further legal advice on the Minister's correspondence and the operation of Section 45 before reporting back to councillors.
The matter is expected to return to the council at its September meeting, where members will consider whether amendments to the policy or additional guidance are required.