Tenant takes government to court over HRA cash

A council tenant is taking the government to the European Court of Human Rights in a bid to stop it clawing back part of his rent through the housing revenue account.

Alan Rickman, chair of Winchester tenants' group Tenants and Council Together, said tenants in his area paid £8 million into central government coffers each year.

He was angered by reports that the housing revenue account was due to go £194 million into surplus this year (Inside Housing, 11 January).

'We are saying that if you are getting that much money, you're taking too much from us,' he said.

'I'm a 72-year-old pensioner and I just thought enough is enough, let's see what we can do.'

A spokesperson for the Strasbourg-based court confirmed it would examine the case, but had not set a date.

The Communities and Local Government department said it was 'aware that many of our stakeholders are unhappy about the redistribution of locally raised funds'.

Last year it launched a joint review of the housing revenue account with the Treasury, due to report in spring 2009, which will address redistribution and the spending needs for council housing.

Nick Billingham, a partner at law firm Devonshires, said: 'The whole way in which council housing is financed is up in the air anyway. It will be interesting to see how the European Court decides this, and whether the proposals currently afoot are influenced by the court.'

He said cases frequently took years to go through the court. Where governments thought there was likely to be a ruling against them they typically tried to change their law to anticipate the judgement.

Alan Walter, chair of Defend Council Housing, said he did not know if the court would be 'sympathetic'. 'But if it helps to put the spotlight on this injustice, and additional pressure on the government to bring an end to this robbery, then it must be welcome,' he added.