Eviction by the back door? The impact of communal heating charges on local authority tenants

This article draws on unique interview and survey data to examine the impact of communal heating charges within the social rented sector. Arising out of an eighteen-month investigation into the lived experience of people in rent or mortgage arrears, funded by abrdn Financial Fairness Trust, those data reveal a number of concerns, including the inability of local authority tenants to challenge the reasonableness of these charges and the increased risk of eviction for some tenants due to the non-payment of these charges. While the non-payment of utility bills is not a ground on which a possession claim can be brought, the imposition, by some social landlords, of communal heating charges, either as part of the tenant's 'rent' or as an obligation under the terms of the tenancy, means that non-payment can lead to eviction 'through the backdoor'. This issue is of particular contemporary concern given the cost-of-living crisis, the exponential increase in energy prices, welfare benefit payments that do not include heating costs, and the largely unregulated nature of these heat networks. In addressing the concerns identified herein, this article presents proposals for reform in the hope that they might inform both policy and regulatory developments.