Letter shows housing chief vowed action to evict tenant

A HOUSING association whose chief executive is under growing pressure to resign over its ­failure to remove an antisocial tenant convicted of threatening a young family has failed to act on its vow to evict him, according to confidential correspondence seen by The Scotsman.

Scottish Borders Housing Association (SBHA), which is facing the prospect of an independent inquiry over why the family of Dr Eamonn O’Neill have been forced to flee their home, last year assured the academic and journalist it was working to “recover possession” of the tenancy.

However, nearly six months on, the tenant remains in situ. With SBHA unable to explain why it has not resolved what it calls a “complex situation”, the O’Neills are raising a judicial review at the Court of Session seeking an interdict and damages.

The severity of the case has prompted Christine Grahame MSP to contact the housing minister, proposing a change in legislation in the way housing associations are held to account.

Last night, she said SBHA and its chief executive, Julia Mulloy, have “no place left to hide”.

Dr O’Neill, a University of Strathclyde lecturer, his wife, Sarah, and twin four-year-old sons have endured repeated ­antisocial behaviour from the tenant, who lives in a neighbouring address. The tenant pled guilty in September 2011 at Peebles Sheriff Court to behaving in a threatening and abusive manner, and was instructed by Sheriff Kevin Drummond not to contact the family. In court, his defence agent revealed his client had surrendered his tenancy.

In a letter to Dr O’Neill on 30 October last year, Ray Chambers, SBHA’s housing manager, wrote: “I can confirm that SBHA are presently working with our solicitors in relation to recovering possession of the tenancies … which will commence directly after 7 November, 2012, if neither tenant has voluntarily vacated their tenancy by this date.

“Should neither tenant voluntarily vacate the tenancy by the allocated date, it is likely that we will raise an action with the local sheriff court to recover possession of the tenancies.”

In September 2011, Mr Chambers attended a meeting of a residents’ association representing Dr O’Neill’s street, where, according to the minutes, he was “unable to verify” whether the tenant had surrendered his tenancy.

That June, Carly Stewart, ­SBHA’s director of finance, told Dr O’Neill that it could repossess a property where “the tenant has abandoned the tenancy”.

Last week, however, Harper Macleod, acting on SBHA’s behalf, told Dr O’Neill’s solicitors there was “no process” for the association to “immediately prevent” the tenant returning to the Innerleithen address following his release from prison.

Ms Grahame said: “I wonder how SBHA can continue to make so many errors … It gets worse and worse, and there is no place left to hide now.”

SBHA officials invited Ms Grahame to meet them on a “privileged basis” without Dr O’Neill in attendance, but she said there was “no way whatsoever” she would meet on such terms.

Dr O’Neill said yesterday: “I am horrified at Julia Mulloy’s dereliction of professional duty … The very least she can now do is to resign pending a full public inquiry.”

Terence Fane-Saunders, chairman and chief excecutive of London-based PR and lobbying firm Chelgate, said SBHA would not be making any further comment.