Watchdog shares learnings from seven landlords in report about subsidence, adaptations and rent account complaints

Richard Blakeway, the housing ombudsman, said: “This report illustrates the breadth of responsibilities for social landlords. It shows how pivotal their role is for social infrastructure and how they are juggling many priorities. Inevitably, when things go wrong, it means the impact can be greater.”

Five housing associations and two local authorities are named in the full report, which can be found here.

The watchdog pointed to the fact that despite revealing distinctly different issues, the cases highlight that the “root causes of some service failings are similar and reminiscent of more visible complaint areas”. Each one was investigated in the past six months.

One reported case involved a resident, who is a wheelchair user, being unable to use her bedroom and bathroom for two years, because the doorway was not wide enough to fit a wheelchair through.

Another family dealt with subsidence for four years, with cracks large enough for a £1 coin to fit through, causing problems with heating and insects.

A further case of subsidence in the watchdog’s report also noted contractors being given incorrect information, and work orders closed without being completed.

The report reminded the sector of its responsibilities under Section 11 of the Landlord and Tenant Act 1985, which is about maintaining the exterior and structure of the building.

As well as the impact on a resident’s well-being, the ombudsman’s findings analyse the financial effects. One leaseholder was unable to remortgage because subsidence was left unaddressed for two years.

Another case involved a confusing tenancy succession process that followed the death of a woman who was cared for by her daughter. 

Poor communication around subsequent benefits entitlement, and a rent account in credit at the time of passing, resulted in the resident being both refunded money and placed in significant arrears.

The report said: “Repeatedly, these service failings were compounded by poor communication. Despite being different landlords handling different issues, several communication failings are similar.

“This includes long silences, not telling residents about key decisions, failing to honour commitments to provide updates, and siloed internal communication.

“Our concern around landlord communication, both internal and external, has been raised in a previous report on severe maladministration focused on Awaab’s Law. But the lessons from our casework are transferable across responsibilities.”

The watchdog called for focus in four areas when communicating with residents: timeliness, transparency, tailoring, and tone. It insists “effective communication is also about listening as well as saying”.

Mr Blakeway added: “These cases could be termed ‘silent’ severe maladministration because they receive less attention. But they are no less important.

“While each area is distinctly different, the root causes of some service failings are similar and reminiscent of more visible complaint areas.

“This includes erratic knowledge and information management, inaction and patchy communication.

“Landlords should not lose sight of some of the other core components of [their] housing offer with new regulations and legislation coming in.”

It is the latest report since the ombudsman stressed the need to avoid “Frankenstein procedures”, which would see Awaab’s Law “bolted on” to landlords’ other policies at a conference in Liverpool this month.