Residents launch legal bid to ban hostels and HMOS on Erdington estate

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Residents launch legal bid to ban hostels and HMOS on Erdington estate

Residents on Pitts Farm Estate are clamouring for the council to invoke historic legal rule on housing use

Ban Hostels

Residents on an Erdington estate are trying to get a newly opened house for vulnerable tenants shut down – by using a historic covenant.

The legal covenant – found in the deeds of most homes on the Pitts Farm Estate – says properties can only be used as ‘private single dwellings.

Now residents neighbouring one former family home say they want the council to step in and shut it down after it was converted into a house for up to six separate individuals.

Surge

The property, in a cul de sac location, is now home to people who require additional support and care.

Neighbours fear it will be the start of a surge in similar properties that they say could blight the estate and change it forever.

No idea

“This is a family area, with lots of kids, and we worry about places opening where we will have no idea who is living next to us, where they are from, or anything about them. It makes us very nervous,” said one neighbour.

But the company behind the transformation of the house have hit back and urged neighbours to ‘give the tenants a chance,’ adding: “The exempt sector has been tarnished because of properties run badly and media reports about problems, but we are proud of our reputation for vetting, carefully placing and supporting our tenants and helping them become part of, and not apart from, their community.”

More than 70 people have signed a petition urging the council to back their call for the covenant to be enforced.

Residents say they have also been in contact with councillors, MPs, and the council over the issue.

Houses of multiple use

One resident added: “It is a worry to see more houses converted to multiple use. We have seen how this has happened in Stockland Green and other parts of Erdington; it would be terrible if this was to happen here too.”

They said their fears were driven by experiences in hotspots parts of the city, where a concentration of exempt properties and hostels coincided with increased police activity and anti-social behaviour.

Enhanced housing benefits

Landlords can claim enhanced housing benefits for accommodating people who are otherwise deemed ‘hard to use’ under this special housing category.

They can include people who would otherwise be homeless or at risk, including vulnerable care leavers, people with mental health issues, recovering or current addicts, refugees, and those with learning difficulties. Some exempt properties also house recently released prisoners via probation service referrals.

In the newly opened property on the estate, each tenant has their own living space and bedroom with ensuite and a mini kitchenette, with a fridge. They share a kitchen, living room and garden.

Exempt accommodation

Local Tory councillor Cllr Robert Alden is backing residents. He said: “Residents are really concerned here that his house has been turned into exempt accommodation, which means it has not gone through a planning process or any permission granted.”

Covenant

“But there is a covenant on these homes, back when the estate was built, that tells them buildings have to remain as single-family dwellings.

“That is why we have been collecting a petition calling on the council to enforce that covenant and ensure this house can be used as a family dwelling, or if not to compulsorily purchase it and use it for the purpose it was meant to be – to provide families here in Erdington with much needed housing.”

The estate includes shops and a primary school and borders Pype Hayes Park.

About the covenant

The covenant is included in the deeds of properties on the estate and includes these lines: “Not to use or allow the property to be used for any purpose other than that of a single private dwelling house,”

Residents near the house, who have asked not to be named, have taken legal advice and say they believe the term ‘single private dwelling house’ restricts the properties from being used as houses of multiple occupation, or similar.

In a letter sent to senior councillors, including council leader Ian Ward, the residents say the council cannot disregard the covenants in place “as they are legally binding and enforceable.”

Binding and enforceable

The house has been leased out by Astro Housing, led by property developer Mudasser Latif, to High Quality Housing Ltd, a manging agent for registered provider Reliance Social Housing, one of the city’s biggest providers of exempt housing.

Director Hassan Saeed said he was aware of residents’ concerns but urged them to give tenants a chance.

“We want to work closely with neighbours and other stakeholders to ensure a warm welcome for tenants. We will not stand for marginalised people being instantly condemned as troublesome when that is just not the case.”

Deemed ‘low risk’

He said tenants moving into the property were closely vetted before being placed and were deemed ‘low risk’. There was a zero-tolerance approach to antisocial behaviour, among other measures to try to ensure tenants and neighbours lived in harmony.

“These are people who need a home, and we believe this property and area provides a place where they can get back on their feet and thrive.”

He said he was worried tenants could face victimisation – telling Birmingham Live that one of the tenants had recently opened the door to a man posing as a council worker, wearing a hi-vis jacket, who told him that he ‘has to move’ as the house did not have permission to open.

His company was recently praised during a visit to its flagship Carnegie Centre for homeless people by Daniel Grieves, crime director at the Home Office, as a supportive environment for people to thrive.

Registered provider Reliance Social Housing is one of the organisations behind the surge in exempt properties in the city.

The organisation currently has its regulatory status under review by the Regulator of Social Housing.

Ease off

Earlier this year the company’s directors pledged they would ease off allowing any new properties to open in identified hotspots and would instead look elsewhere.

Residents of Pitts Farm Estate fear that means they are next to see a surge in properties.

Paid direct to the registered provider

Documents seen by Birmingham Live show tenants of each of the six rooms in the Pitts Farm Estate house will qualify for an enhanced housing benefit of £229 each per week, paid direct to the registered provider, who then shares it out with the managing agent and owner to cover rent, upkeep, and maintenance.

Tenants are also asked to contribute a £15 weekly service charge to help cover any support or care needs.

Some of the tenants will be referred in by charities and housing agencies, while others can self-refer. Rooms in the house are currently being advertised on website Prime Location, listed with a rental fee of £15 per week – subject to the tenant qualifying for enhanced housing benefit.

The Family feel affected

We are not identifying the exact location of the house because of the potential vulnerability of the tenants there and living nearby, but neighbours on either side say they are furious that their attempt to ‘hold on’ to the family feel of the estate could be affected.

One of the neighbours lives alone and has endured previous trauma which has left them anxious about the potential impact of having strangers moving in and out.

Another neighbour is a young family. The house is also located close to a primary school.

The number of exempt properties has exploded in Birmingham in the past three years, blighting some parts of the city where they are heavily concentrated – including parts of Erdington, Stockland Green, Washwood Heath, Sparkhill and Handsworth.

Birmingham City Council told us in a statement responding to our inquiries:

“Birmingham City Council have been led to believe that (this property) in Erdington is being converted into exempt accommodation.”

Licence not required

“Unlike HMOs (houses of multiple occupation), exempt or supported accommodation does not require a licence to operate. In relation to the conversion and covenant, this needs to be submitted to our planning department who will look carefully at it to see if it is legally enforceable or not.”

Birmingham Live