CASP's response to Camden's Introduction of the New Tenancy Conditions – Consultation Document 26th April 2006
Josie Adams
Service Development Officer
Gospel Oak District Housing Office
115 Wellesley Road
London NW5 4PA
camdenstreetproperties@yahoo.co.uk
April 26th 2006
Dear Ms Adams
Introduction of the New Tenancy Conditions – Consultation Document
Firstly, we would like to formally thank you for keeping the Association informed of developments during the drawing up of the above document. We daresay this was appreciated by the many tenants and residents who attended the CASP AGM in January 2006.
The Association also wishes to raise the following points in response to the document circulated to the tenants of Camden in order to seek their views. It should be noted, however, that the items being raised are not always the views of the Association, as we have also highlighted a number of concerns raised by individual LBC SP tenants and residents, but which have been brought to the attention of the Association.
FLOOR COVERINGS
Condition C2g
The new tenancy condition states, “We are introducing a new condition requiring tenants to have floor coverings to reduce noise to others”.
Is the proposed new condition mandatory, or will Camden Council only seek to impose the condition in circumstances where it can be properly demonstrated that a lack of floor coverings is causing a problem to tenant (s)?
The Association, whilst recognising that noise nuisance caused by inadequate floor coverings can pose a serious problem for many tenants and residents living in LBC street properties, also recognises that there are many tenants and residents, hence properties, where this is not an issue.
The Association would suggest that the wording of the document might accurately reflect this, as we daresay this may cause much confusion, and a certain degree of alarm, amongst some tenants and residents, especially those who are not affected by the problem.
If the Council wishes to impose such a condition, then provision must be made for council contractors to provide the floor coverings for persons on either low incomes or on state benefits.
We feel most strongly that unless adequate support is in place to assist tenants and residents, then this measure might be seen to be discriminatory against tenants who are both vulnerable and of limited means.
Will Camden Council provide expert technical advice and support to tenants and residents, at no cost to tenants, who need and request it with regards to any future tenancy requirement?
A large number of residents have raised the issue of carpets, underlays, etc, and their unsuitability for tenants who suffer from asthma and other related conditions. What advice does Camden Council intend to provide residents who raise such issues?
The new tenancy conditions also states, “alternative floor covering (other than carpet) that has similar noise-reducing qualities”. The Association requests further information and clarification on this item.
It has been commented that it would be advantageous for the condition to be flexible with regards to what floor coverings can be used, so long as the covering being used is able to address the problem of noise nuisance.
The issue of Camden Council providing adequate floor covering to communal areas, including stairs, etc, has also been raised, and further information regarding this item would be appreciated.
What provisions will be in place to support those residents with mobility problems, etc, as the task of installing adequate flooring involves far more than selecting suitable floor coverings? Tenants may require additional support with moving furniture and other similar tasks.
There are also other measures, simple measures, which could be encouraged, and put into place by Camden Council, in order to promote good practice when attempting to address problems around noise nuisance caused by inadequate floor coverings / poor conversions, etc, such as encouraging people to take off outdoor shoes when indoors, etc.
Is Camden Council able to demonstrate that it has attempted to promote good practice, or that it intends to do so, by taking steps to raise awareness of the above? If so, how does it intend to achieve this and through what means?
The Association is clearly interested to know more about how Camden Council intends to ‘monitor’ and ‘manage’ the introduction of the new tenancy conditions, and kindly requests that further information regarding this item be forwarded to the Association, as we daresay the introduction of the new tenancy conditions will also need to be reflected in the way some housing services are delivered to tenants and residents.
GARDENS AND OTHER AREAS LET WITH THE TENANCY
PAGE 14 Condition C6
The new tenancy condition states, “You must keep your garden, patio balcony, fitted window box, or other areas let with the tenancy, neat and tidy”.
The large majority of tenants and residents who live in LBC street properties do not receive a traditional caretaking service, therefore, the term could be discriminatory in respect of vulnerable tenants, age old pensioners and those with medical conditions who are not able to meet the above condition.
Again, the Association requests additional information on how vulnerable tenants and residents will be supported to maintain their tenancies.
The issue of ‘shared’ areas (gardens, etc) has also been raised and the Association requests additional information on how Camden Council intends to ‘manage’ such cases, as further work may be needed in this area in order to adequately support tenants and residents to maintain their tenancies.
SHARED AREAS
Page 16 new condition C10b
The document states, “Tenants must make sure communal stairs and walkways outside their home are kept tidy and free of clutter”.
As already stated, tenants and residents who live in LBC street properties do not receive a traditional caretaking service, therefore, the Association requests more information about how Camden Council proposes to ‘monitor’ this condition.
It has also been highlighted that one tenant should not be made responsible, or be penalised for mess caused by other tenants and the Association requests further information on how this situation will be monitored.
ANIMALS
Page 15 New condition C7g
The new tenancy condition states, “We are restricting the number of cats tenants may have in the same way as dogs are restricted to two. You must not have more than three cats in your home”.
The Association has been contacted by pet owners who are now concerned that, despite being responsible pet owners and having no complaints made against them to Camden Council, they will need to reduce their number of pets (in this case cats) to three after the new conditions have been introduced.
Does the new condition apply to new tenants, including existing Camden Council tenants, as this needs to be reflected more accurately in the wording of the document?
INSURANCE
Page 15 Condition C9
The new tenancy condition states,” The Council’s insurance does not cover tenant’s possessions. We strongly recommend that you take out household insurance with a reputable insurer to include cover for contents and broken windows”.
Does this mean that tenants who are currently insured with the Council’s insurer (Zurich) will now need to seek a different insurer? Again, the exact meaning of the clause needs to be reflected more accurately in the wording of the document.
LIVING IN YOUR HOME
Include as new condition C3g
The new tenancy condition states, “We have decided to ask you to tell us if you are going away from your home for more than a month”.
The document goes on to state, “You will not have broken this tenancy condition if you have been in hospital”.
Does this apply if the tenant is on holiday? Does this cover any period when a tenant may be convalescing with relatives for longer than 4 weeks? Again, the exact meaning of the clause needs to be more accurately reflected in the wording of the document.
Include as new condition C3c
The document also states, “Because of the shortage of affordable housing we have decided to introduce a tenancy condition that our tenants should not have another home that they could live in”.
The present provision requires tenants to occupy their homes as their “only or principle home”.
There are currently no grounds for possession provided if a tenant has another home that could be occupied, and provided that the tenant continues to live in their council tenant residence as their principle home, they cannot currently be evicted.
It has been highlighted that, the Tenancy Conditions cannot go beyond or against the principles set out in the Housing Act 1985 itself.
Therefore, we request that further clarification and information be provided to the Association regarding this item.
ANTI-SOCIAL BEHAVIOUR
Page 11 end of condition C2
Imposing the right to seek possession of a tenancy if a tenant is convicted of a criminal offence.
It has been highlighted that, under such circumstances, a conviction should only relate to the tenancy itself, such as committing offences to the detriment of other tenants, such as harassment, criminal damage, assault on another tenant, etc.
There also seems to be proposed, no differentiation between different types of criminal offences, and there would then arise the issue of who would decide whether a particular offence merited seeking possession or not.
Therefore, we request that further clarification and information be provided to the Association regarding this item.
The Association acknowledges that some of these items may be causing unnecessary concern to tenants, and now formally requests that relevant and applicable information be provided to tenants as soon as possible, allaying any fears or concerns that they may have regarding the introduction of the new tenancy conditions.
The Association also wishes to know whether there will be a further opportunity for tenants groups, etc, to comment on the final draft of the conditions?
Camden Council may also want to consider publishing a new short ‘guide’ to the introduction of the new conditions, highlighting specific concerns raised by tenants, with possible solutions to problems also included, as well as details of additional support available to tenants to help them maintain their tenancies.
We look forward to hearing your views.
Yours sincerely,
Petra Dando
(Joint-Secretary, Camden Association of Street Properties)
Contributed by Mike Cookson Taylor
