The proposed withdrawal of rent subsidy for breaches of tenancy

1240/5(1900)

QUESTION TO BE ASKED OF THE PRESIDENT OF THE HOUSING COMMITTEE ON TUESDAY 24th JUNE 2003, BY DEPUTY G.P. SOUTHERN OF ST. HELIER

Question

In the Housing Committee media release of 14th June 2003, the Committee proposes the withdrawal of rent subsidy for breaches of tenancy.

Can the President inform members –

1. underwhatcircumstancessuchan action is envisaged? and
2. whether legal advice has been takento confirm that such action is lawful, and,if not, thereasonswhy? Answer

1. In the media releaseof 14th June 2003, the Committee expressed the intention topursue a numberof measures to tackle anti-socialbehaviour.

O  ne measure proposed is the withdrawal of rent subsidy for tenants guilty of serious breaches of the Tenancy

Agreement. In particular the Committee has in mind breaches of clauses 1 (a) (v) relating to damage to premises and clause 1 (a) (viii) relating to the orderly conduct of persons on any part of the premises.

 I n this respect the Committee has noted the statement in the recently issued U.K. White Paper entitled

Respect and Responsibility- taking a Stand Against Anti-Social Behaviour' that 'those who behave anti- socially within their home and neighbourhood, making life miserable for the rest of the community, are abusing the support they receive from society through Housing Benefit.'

T  he Committee will shortly be considering the White Paper in greater detail, and will be following with

interest any progress made by the U.K. authorities in this area.

2. The Committeehas not taken legaladviceto confirm that suchactionislawful. The rent subsidy scheme is not enshrined in legislation but depends on policy. TheCommittee believes that it is within its rights to exercise discretion in this way but will consult the Law Officers Department before implementing this proposal.