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Newham Council (202009415)

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REPORT

COMPLAINT 202009415

Newham Council

22 July 2021


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The complaint is about the landlord’s:
    1. administrative error when it provided the resident with a tenancy agreement with a rent figure that was incorrect,
    2. request that the resident sign a new tenancy agreement with a rent figure the resident disputed.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. In its final response to the resident’s complaint, dated 24 November 2020, the landlord explained that there had been an administrative error and the amount of rent was incorrectly stated in the resident’s tenancy agreement as being £140.66 per week when it should have been stated as £176.88 per week. The landlord had debited the resident’s rent account the sum of £176.88 since the start of the tenancy and offered to adjust the account to waive arrears of £217.32 if the resident signed a new tenancy agreement showing the correct rent amount.
  2. The resident did not accept that this was an adequate response to the complaint.
  3. The resident signed a new tenancy agreement on 3 March 2021. The landlord reviewed its position and, on 26 May 2021 offered to adjust the resident’s rent account to waive arrears of £796.84 (representing the difference between the rent set out in the original tenancy agreement and the rent charged for the period from the commencement of the original tenancy agreement to the signing of the new tenancy agreement). 
  4. This was acceptable to the resident who confirmed to this Service on 21 July 2021 that she would accept this offer as a resolution to this complaint.
  5. Where the parties can reach an agreement, and the Ombudsman also considers a complaint has been satisfactorily resolved, there is no requirement for the Ombudsman to carry out a detailed and often lengthy investigation. The Ombudsman also considers that a resolution that is agreed in this way between the parties can assist in improving the existing relationship between a landlord and its resident.
  6. I am therefore satisfied that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.