Winchester man accuses city council of hypocrisy over eviction order

Jonathan Marsh, 48, has lived in a flat in Sussex Street since 1997 and has been served four eviction notices in the last four years. 

The property is owned by Winchester City Council and has been operated by Bournemouth Churches Housing Association (BCHA). However, the lease recently expired, meaning it has returned to the city council's stocklist. 

Mr Marsh is again facing eviction from a council whose leader has publicly criticised no-fault evictions.

In a cabinet meeting last year, council leader Martin Tod slammed the use of no fault evictions. At the meeting, he said: “As a former employee of Shelter, the housing homelessness charity, and as a current supporter of that charity I have strong views on the use of section 21 grounds of possession. I’m very pleased to hear that it is being phased out.

“The council has a statutory duty to help people avoid homelessness and we are not supportive of section 21 grounds possession.”

Mr Marsh, who has a damaged spine and has been out of work since 2015, said that the previous attempts to evict him have been unsuccessful due to BCHA failing to secure the deposit. 

He said: “It will be thrown out again because they have to secure the deposit within 30 calendar days. 

“They seem to be wilfully ignorant at that, it's only £120. The law says if they can't produce a valid deposit certificate, they must return the deposit before serving the section 21 possession order.”

READ MORE: Winchester City Council questioned over no-fault eviction notices

Mr Marsh added: “It seems they have a memory block where they don't remember the deposit rules and they ignore the social landlord protocols they have to follow, they're just making themselves look even more ridiculous every time. 

“The first two attempts, I had to pack all my stuff up thinking I might be out, and that's done my back in even more. But attempts three and four, I haven't bothered packing because I'm aware of the law now.

“They haven't even offered me alternative accommodation which is ridiculous. I sense there will be more possession orders on the horizon. It shows pure hypocrisy.

“My position is I don't want to move out of my home, but if they offer a suitable alternative then I will begrudgingly move. If they're not going to offer anything at all, I'll siege the place. If they play by the rules, so will I.”

Former city councillor Ian Tait will raise Mr Marsh's case at the cabinet meeting on Wednesday, May 22. He said that the other flat in the building was lived in by a man called Danny Gardner around two years ago. Mr Gardner died recently, but Mr Tait said he had been rehoused in Fabers Yard in nearby Staple Gardens. However, Mr Gardner's flat in Sussex Street is still empty. 

“Jonathan doesn't want to live in this perpetual limbo. They evicted Danny and left it empty, so revenue is being lost and it's not housing someone,” he added.

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Chris George, assistant director of assets and repairs at BCHA, said: “BCHA's lease agreement has ended and the property is returning back to Winchester City Council's stocklist.

“BCHA is committed to the wellbeing of our resident and are working with Winchester City Council to ensure the transition to new accommodation is as smooth as possible. 

“The process for an offer of accommodation requires the engagement of the customer, so that Winchester City Council's housing options team can assess the individuals needs and make an appropriate offer of accommodation. 

“Although the statutory duty to rehouse the resident affected by this rests with Winchester City Council, BCHA continues to offer support to our resident."

A city council spokesman said: "We can't comment on the individual case of any local resident, but when a landlord serves a Section 21 notice, as Bournemouth Churches Housing Association has in this case, it’s the city council that has the legal responsibility to support the affected individuals and families to get housing where this is needed.  It’s one of the most important things we do as a council and one of the many reasons we want to see an end to Section 21 notices.  We take this responsibility very seriously and this includes reassuring a tenant that we’ll help find a new home for them and, where appropriate, keeping them informed when one becomes available.

"In the last year, the city council has supported 99 households who have been served Section 21 notices and threatened with homelessness. Most have been helped into another privately rented home, or into affordable housing – and we continue to work with the remaining 15 families and individuals. 

"The empty flat in number 88 needs significant work before someone can live there and this involves structural work, due to subsidence, affecting the whole house.  Once done, this will enable one more family or individual in housing need to have a much needed and newly refurbished council home."