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One Manchester Limited (202128661)

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REPORT

COMPLAINT 202128661

One Manchester Limited

20 December 2022


Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

  1. The complaint is about:
    1. A rent arrears letter sent to the resident in December 2021.
    2. the landlord’s handling of the associated formal complaint.

Background

  1. The resident is an assured tenant of the landlord.
  2. On 13 December 2021 the landlord sent the resident a letter informing her that her rent account was £162.48 in arrears. The letter read, ‘We understand that over recent months it may have been difficult making your payments. However, as we move forward and are getting back to normal, we are now reviewing accounts with rent arrears. We would like to discuss your rent account with you and arrange a payment plan.’
  3. On 12 January 2022 the resident complained about receiving this letter, as she had paid her rent to the landlord. She also referred to historic concerns about her rent account. On 25 January 2022 the landlord provided its stage one response, acknowledging that the letter was sent in error, and apologised for this.
  4. On 9 February 2022 the resident replied stating that the landlord had failed to fully investigate her complaint, and asked it to do so to address ‘…the money you own and financial relief for lack of duty of care throughout your management.’ In response the landlord noted that it had explained to the resident on 14 January 2022 that the stage one complaint was only going to address the complaint about the December 2021 arrears letter, as the other issues raised were historic matters that had been previously addressed by it, and subsequently the Ombudsman.
  5. On 27 April 2022 the resident contacted this Service stating that the landlord had not fully responded to her complaint. She said that she believed that she was eligible for compensation as she had been caused distress. The Ombudsman asked the landlord to provide a stage two response to the complaint, which it did on 17 June 2022, concluding that the stage one complaint was dealt with appropriately and proportionately, the reasons for the failing had been identified, and apologies had been given.
  6. The resident referred the matter back to this Service as she was dissatisfied that the landlord had initially not provided a stage two response, and when it did, it was ‘an empty letter’. She said that the landlord had not addressed any of her concerns or provided compensation for stress. She stated that the landlord ‘…discriminated me while treating me less favourable due to my race and disability.’

Assessment and findings

Scope

  1. While the Ombudsman can consider the reasonableness of the actions taken by landlord, this Service is unable to make a legal finding of discrimination in that regard. This would be a matter for the courts to determine, where appropriate evidence could be interrogated and the relevant legislation applied to the circumstances. If the resident believes she has been unlawfully discriminated against or harassed, she may wish to seek independent legal advice or contact the Equality and Human Rights Commission for further information on her options.

A rent arrears letter sent to the resident in December 2021

  1. Whilst it is good practice for a landlord to establish early contact with residents when they fall into arrears, to minimise accruing debt on their accounts, it is not disputed that the landlord sent the arrears letter on 13 December 2021 in error. The landlord acknowledged this in its stage one response, and explained this was due to:
    1. Its offices being closed over the Christmas break, leading to a timing delay on payments received during and just after this period, whilst staff caught up upon their return to work.
    2. A number of staff were not able to return to work immediately after the Christmas break due to Covid-19, which caused unexpected delays to the process.
    3. The arrears letters being issued following an automatic process, which, when taking the above into consideration, had meant a number of letters were sent in error.
  2. The landlord apologised for its mistake and assured the resident that she was not in arrears on her account, which is supported by the rent statements provided to this Service.
  3. The landlord acted fairly here in acknowledging its failing. It took action to ‘put things right’ by offering apologies and explanations to the resident. The landlord also set out how it would take learning from the case, by explaining that in future it would attempt to stop/delay the automatic arrears letters should it find itself in a similar position. 
  4. The Ombudsman is mindful of how distressing any correspondence regarding the arrears on an account can be, especially when a resident had not been in arrears and had kept up to date with rent payments, but is satisfied that the landlord’s response to the complaint was proportionate, and an appropriate remedy.

Complaint handling.

  1. The resident is dissatisfied that the landlord did not initially accept her escalation request, and feels that its stage two response failed to address her concerns.
  2. The resident’s 9 February 2022 email did not set out why she was unhappy with the landlord’s response to the complaint about the December 2021 arrears letter, but rather referred to historical concerns with her rent account. The landlord’s complaint policy states that it would not consider attempts to reopen or reconsider complaints where it had already provided its final decision.
  3. As such, the landlord’s explanation that it would not escalate the complaint to stage two on the basis of the issues that the resident had detailed was reasonable, as these were matters that had previously completed its complaint process (and had subsequently been determined by this Service). The landlord’s subsequent stage two response was therefore also reasonable in only addressing the complaint about the arrears letter. There was no failing on the part of the landlord here.

Determination

  1. In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation which, in the Ombudsman’s opinion, resolves the complaint regarding its response to the resident’s complaint about the rent arrears letter satisfactorily
  2. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of the landlord’s handling of the associated complaint.