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Council penalises housing applicants for ‘deliberate overcrowding’
Southwark Council decided not to give two families living in overcrowded homes priority on its housing waiting list, after determining that the families had “deliberately” put themselves in overcrowded conditions.
Milton Laines Roman, who lives in a studio flat in Southwark with his partner and two children, was placed in the lowest priority band of Southwark Council’s waiting list in June last year, despite the council’s allocation policy stating that families living in statutorily overcrowded housing should be placed in the top priority band.
This is because the council determined that Mr Roman’s family became overcrowded by a “deliberate act” as they had chosen to move into a home that was smaller than their need.
However, Mr Roman said he was unable to find any other suitable properties for his family due to the area’s rent levels. He also said landlords and agents had asked him to provide a year’s worth of payslips demonstrating full-time work, which he did not have.
He added that he was only able to move into his current accommodation after his pastor persuaded the landlord to accept the family.
Southwark Council is now reviewing the decision after receiving a pre-action protocol letter from Mr Roman’s solicitor.
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It follows an attempt by another Southwark resident to bring a similar case to court in April this year.
Favio Ortega Flores challenged the council when it again determined he and his family were overcrowded by a “deliberate act” by choosing to move into accommodation that was smaller than their needs.
The permission for judicial review in this case was rejected, as the judge said: “The applicant entered into a tenancy for a one-bedroomed flat in the knowledge that he would be occupying the flat with his partner and two children… that is sufficient for the defendant to conclude that this was a deliberate act.”
Southwark Council’s allocation policy gives highest priority to families living in statutorily overcrowded housing, provided this has not been caused by a “deliberate act”.
It is understood that this is to prevent families from purposefully moving into unsuitable accommodation to improve their position on the housing waiting list.
However, in both these cases, the residents moved into their overcrowded accommodation at least one year before applying to the council’s housing register.
Neither resident is originally from the UK and both said they were unaware of their right to apply to the council’s housing scheme until they attended a meeting of the group Housing Action Southwark and Lambeth (HASL).
On Mr Roman’s case, HASL member Elizabeth Wyatt said: “All through lockdown, Milton continued his work as a cleaner, worrying every day that he would bring the virus back to the family’s studio flat where they could not stop the spread.
“Weeks into lockdown the family were devastated to receive Southwark council’s decision blaming them for the overcrowding.
“Low wages, benefit cuts, high private rents and lack of social housing are causes of the housing crisis but Southwark is blaming its own residents. The decision letter felt unbelievable to read at the peak of the pandemic.”
A Southwark Council spokesperson said the council cannot comment on individual cases for legal reasons.
Kieron Williams, cabinet member for housing management and modernisation at Southwark, said: “We are determined to reduce racial disadvantage in housing, including by building more council homes and supporting private renters.
“As part of our commitment, we work hard to make sure the homes we let are allocated fairly. Last year, 75% were let to BAME people. However, with 12,000 people on our waiting list, we’re sadly not able to offer a home to everyone who needs one.
“We will keep identifying how we can do more locally, but to end the stark racial inequalities in housing in Britain, we also need serious government action.
“That includes more investment in council housing, reinstating a benefits system that covers the cost of renting in all parts of the country and ending the ‘no recourse to public funds’ restrictions that are locking some BAME people out of any chance of having a decent home.”
