Legal battle set to rage as tenants fight Lambeth council evictions
By Robert Firth, Local Democracy Reporter
A private tenant facing eviction by a Labour council has launched a High Court claim against the local authority, accusing it of illegally renting homes in the private sector.
The resident was granted a shorthold tenancy on their flat in 2019 by Homes for Lambeth (HfL) – a management company wholly owned by Lambeth council.
In October last year the tenant and about 160 other families found out they were being kicked out of their homes after the council decided to bring properties leased out to HfL back under the direct control of the council.
Lambeth said the private tenants were being evicted to house homeless residents currently living in temporary accommodation.
The judicial review claim lodged by the tenant in December contends that as Lambeth council is the HfL group’s sole shareholder, the council, not HfL Living—the landlord subsidiary of HfL—is their landlord.
As a consequence of this, the tenant argues that the local authority has broken the law by renting homes in the private sector.
Alexandra Goldenberg, a solicitor from the Public Interest Law Centre (PILC) representing the tenant, who has not been named, said: “Lambeth’s decision to rent these properties on the private market is unlawful and has created a devastating impact on hundreds of residents across the borough who have been evicted or are facing eviction.
“This is yet another chapter in a troubling history of estate ‘regeneration’ schemes that have disregarded the rights of residents and communities. It is time for Lambeth to take responsibility and do the right thing, starting with an immediate halt to all evictions.”
Lambeth council set-up the HfL group in 2017 to bring about its estate regeneration programme. The group contained four offshoots, including HfL Living, which was intended to function as the landlord arm of the company.
Lambeth’s decision to bring around 160 homes let out by HfL Living back under direct control of the council with vacant possession last year followed a critical independent review into affordable housing in the borough. The report criticised HfL’s management of the planned rebuild of six estates in the borough, and recommended the council close down the firm.
Lambeth has until February 5 to respond to the judicial review claim submitted by the tenant. A judge will review the resident’s arguments and decide whether the case should proceed to a full hearing.
A Lambeth council spokesman said: “We are aware an application for a judicial review has been submitted. We reject the claims made in the application and have highlighted why in writing to the applicant. They were rented out by HfL Living, a private provider which is not the council, through a letting agent at market rent and without any needs assessment, which would be the case for any social housing.
“We have approaching 5,000 homeless households from Lambeth in often poor quality temporary housing. Having now decided to take over HfL properties we intend to use these properties to house families in most desperate need.”
Pictured top: The Central Hill estate in Gipsy Hill is one of the estates where private tenants are being evicted by Lambeth council (Picture: LDRS/Robert Firth)