Platform Housing Group Limited (202213692)

REPORT

COMPLAINT 202213692

Platform Housing Group Limited

21 July 2023

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. This complaint is about the landlord’s handling of
   1. the resident’s request for a management move.
   2. the resident’s previous management transfer.
   3. the associated complaint.

Background

2. The resident holds an assured non-shorthold tenancy. Her tenancy began on 15 December 2021 following a management transfer. The property is a one-bedroom, two-person occupancy flat.
3. The resident suffers from depression and claustrophobia.
4. The resident sent the landlord a letter on 25 May 2022. In this, she requested a management move due to her medical conditions. She also provided the landlord with a letter from her doctor confirming this. The landlord responded to this letter on 30 June 2022. It advised the resident it would be unable to offer a management transfer. It reasoned that it did not believe the resident met the criteria for a management transfer under its policy.
5. The resident complained to the landlord on 21 July 2022 as she was unhappy with the landlord for not approving her request for a management transfer. She reiterated that she was struggling with her property due to this being smaller than her previous residence. She also raised that she felt pressured into taking the property. The landlord acknowledged her complaint on 8 August 2022 and provided its response on 12 August 2022. It did not uphold her complaint. It stated that her circumstances did not meet the requirements for a management transfer. It explained that the property was large enough for a two-person occupancy and met the regulated space standards. It also explained that it felt it handled her previous transfer correctly and that the property was in the block she had specifically requested.
6. The resident escalated her complaint on 16 August 2022. She explained that her new property was harming her mental health due to being smaller than her previous residency. She also said that the local authority told her it could not offer her a larger property as she was adequately housed. She again stated that she wanted a larger property. The landlord sent its stage 2 complaint response on 16 September 2022. Once again, it did not uphold her complaint. The landlord confirmed it had seen the doctor’s letter, but this would still not qualify the resident for a management move. It also advised the resident she could apply to the waiting list for a larger property.
7. The resident contacted this service on 27 September 2022. She said she was unhappy about the landlord’s handling of her management move. To resolve her complaint, she said she would like the landlord to accept her request for a management move and move her to a larger property.

Assessment and findings

The landlord’s handling of the resident’s request for a management transfer

8. The landlord’s management transfer policy states: “There may be other occasions where exceptional circumstances create the need for urgently rehousing an existing customer, ie domestic abuse, racial abuse, threat to life, or serious risk of harm”.
9. The landlord has said the resident’s circumstances would not make her eligible for a management transfer. The landlord has considered the resident’s medical evidence when making this decision. Whilst this service is sympathetic to the resident’s circumstances, these do not appear to meet the landlord’s policy criteria for a managed move.
10. When the landlord communicated its decision, it treated the resident fairly. It explained why it could not grant the resident an additional management transfer. The landlord provided the resident with alternative options she could explore if she wanted to try and obtain a larger property. These included speaking with the local authority, arranging a mutual exchange, or joining a waiting list. The landlord’s actions in doing so represented good practice.
11. There was no maladministration in the landlord’s handling of the resident’s request for a management transfer.

The landlord’s handling of the resident’s previous management move

12. This service previously investigated a complaint about the landlord’s handling of a management move. This service found no maladministration. It did, however, recommend that the landlord make a final offer as it told the resident it would.
13. Following this determination, the landlord offered the resident a final property. She accepted this on 20 December 2021. The landlord provided her with additional time to reach her decision. It also appeared to provide her with additional support where possible.
14. The resident has told this service she felt pressured to take this property. This service has been unable to find sufficient evidence to determine that the landlord pressured the resident into taking the property.
15. The property offered was a one-bedroom two-person occupancy flat. This was a like-for-like transfer from the previous property. The landlord has told the resident that all its one-bedroom properties are broadly similar in size due to being built in the same period. The landlord would not, therefore, have been able to offer the resident a significantly larger one-bedroom flat or a flat with more facilities.
16. This service would not expect the landlord to have made an offer to the resident for a larger property than a like-for-like transfer. The landlord has said that it does not have the facilities to offer the resident a two-bedroom flat. Given the shortage of available properties, this is reasonable behaviour from the landlord.
17. There was no maladministration in the landlord’s handling of the resident’s previous management move.

The landlord’s handling of the resident’s complaint

18. The landlord’s complaint policy says it will aim to respond to complaints within 10 working days at stage 1 and 20 working days at stage 2.
19. At stage 1, the landlord took 15 working days to respond. The landlord acknowledged receiving the complaint on 8 July 2022 and said it would respond before 22 July 2023. It sent its response on 12 July 2022. Although this was outside its policy aims, the resident had sent the landlord multiple letters of complaint. It is not, therefore, unreasonable that the landlord took a few additional days to compile its response.
20. At stage 2, the landlord took 23 days to respond. Although this was again outside its attempted timescales, this does not appear to have caused detriment to the resident.
21. The landlord’s responses were fair in content and tone.
22. There was no maladministration in the landlord’s handling of the resident’s complaint.

Determination

23. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of the resident’s request for a management move.
24. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of the resident’s previous management move.
25. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of the associated complaint.