The Housing Ombudsman referral guide
Kayleigh Withington • 6 December 2022
Thank
you for contacting MLA Solicitors
regarding your housing matter,
unfortunately we have been unable to help you at this time, however, you should
now contact The Housing Ombudsman
as they may be able to help. If you
are unable to resolve your complaint through your landlord’s complaints
procedure, you can refer your complaint to The Housing Ombudsman.
From April 2013, The Housing Ombudsman took over responsibility for all new complaints about social housing. Unless stated otherwise, The Housing Ombudsman considers complaints about housing associations and local housing authorities.
Please see below a list of complaints that are referred and dealt with by The Housing Ombudsman, currently:
Leasehold services
- Shared ownership and sales processes for leasehold properties
- Shared ownership stair-casing
- Full ownership and sales processes for leasehold properties owned by housing associations
- Right to buy and right to acquire for tenants of housing associations
- Repair responsibilities under the lease
- Mortgage rescue schemes
- Leasehold services provided by the landlord
Moving to a property
- Transfer applications that are outside Housing Act 1996 Part 6
- Type of tenancy offered
- Mutual exchange
- Decision to renew a fixed tenancy
- Decants
- Mobility Schemes
Rent and service charges
- Rent or service charges
Occupancy rights
- Terms and conditions of occupancy rights
- Succession
- Assignment
- Ending a tenancy (e.g., notice periods)
- Abandonment of property
- Possession proceedings
Property condition – repairs and improvements
- Condition of the property when first let (e.g., void works)
- Responsive repairs
- Planned maintenance or cyclical works
- Improvement works carried out by landlord or tenant
- Rechargeable repairs
- Disabled adaptations
Tenant behaviour
- Anti-social behaviour
- Noise nuisance
- Harassment
Estate management
- Cleaning or repairs of communal areas
- Boundary issues
- Grounds maintenance
- Parking
- Use of communal areas
Complaint handling
- The landlord’s handling of a complaint in their complaint process, including delays
Compensation
- Home loss or disturbance payments
- Improvements carried out by the tenant
- Payment for damage to property or tenants’ belongings
- Discretionary payments
Once The Housing Ombudsman receive your complaint, they may:
- Refer the case to a different organisation if it is an issue, if they cannot make a decision about because it is not in their jurisdiction
- Work with you and your landlord to resolve the dispute under our mediation procedure. For example, they use their experience of resolving complaints to make suggestions to the landlord and/or the resident if they believe there is a way to resolve the complaint
- Carry out an investigation; they only do this for those complaints where they decide an investigation is proportionate to the circumstances and evidence before them, for example complex complaints involving many issues.
You can contact The Housing Ombudsman by visiting https://www.housing-ombudsman.org.uk/ or calling 0300 111 3000 between the hours of 9:15am to 5:15pm, Monday to Friday.
Please feel free to come back to us if the complaint is ongoing after
this step and needs legal attention. If you have any questions, please call
0800 610 2223 or email info@mlasolicitors.co.uk.
Contact Us
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Unfortunately, most social housing tenants will not recognise that the housing problem they are experiencing, is discrimination.
It is unlawful to suffer discrimination by your social housing provider because of your characteristic(s). Social housing organisations (your council or housing association) have a duty not to discriminate against you and your housing needs.
Unsurprisingly during this cost of living crisis, gas and electric prices are shooting up whilst the winter days/nights get colder and colder. It’s more important than ever to see how we can improve our home to keep the warmth in and save money where we can.
Our team is made up with solicitors and paralegals experienced in holding landlords accountable for their actions. Working with social housing tenants, our services are second-to-none. We understand taking legal action against your landlord can be a daunting prospect, and that many tenants are unaware of their rights or are aware, but are worried about stand up for themselves.
Housing disrepair is a rented property in need of repair(s), in order to be safe and habitable for the tenant, also said to be ‘in a state of disrepair’. If you are living in a rented property, your landlord has requirements by law to provide a suitable, sae and habitable property which means keeping your home in a state of repair. We invite you to contact our expert housing disrepair team if this is the case.
Reporting the problem to the right person and in the right way may assist in resolving the issue without the need for making a formal complaint. However, If you are unhappy with the service you are receiving from your social housing provider, you can make a formal complaint. If they go on to ignore your complaints, we can help you legally guarantee repairs and if possible, claim compensation.
Your landlord has a legal duty to maintain the structure and exterior of the property they rent out. If problems arise after an inspection or are reported by a tenant, the landlord must fix the issue (i.e. carrying out repairs) within a justifiable time frame. The amount of time varies depending on the issue that has been found/reported, for example, some repairs are classed as emergency and should be completed as soon as possible.
A property may be classed as ‘unhabitable’ for various reasons, including unfurnished and/or needs major repairs to make it habitable.
‘Major repairs’ has various factors, including repairs to the structure of the property e.g., walls, foundation, floors, roof etc. However, they differ in severity, for example replacing a few tiles would not but replacing the whole roof would be.
We are seeing an increasing amount of tenants complaining of mould in their rental property, but what is it and what can be done?
Housing Disrepair: Why are complaints important? If you are curious about why complaints are important in a Housing Disrepair Claim, read on. We use your complaints (or “Notification Entries”) to determine how much compensation you may be entitled to. Should you have any questions, please contact us.