Star Housing (202220505)

REPORT

COMPLAINT 202220505

Star Housing

15 December 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. The complaint is about:
   1. The information provided by the landlord before the resident accepted the tenancy.
   2. The landlord’s response to the resident’s request to alter the property.
2. The Ombudsman has also investigated the landlord’s complaint handling.

Background

3. The resident lives in the property with his wife and 6 children. He holds a secure 5-year fixed term tenancy with a 12-month introductory period, which began on 29 July 2022.
4. The property was advertised on the Council’s choice based lettings scheme as a 4-bedroom house suitable for 8 persons, with a front and rear garden and attached garage. The first floor has 3 bedrooms and a bathroom. The ground floor has a kitchen, lounge, and living room. The main entrance leads through a porch into the living room, where the staircase is also located. The advert was accompanied by a floor plan.
5. The resident and landlord viewed the property on 29 June 2022. Both parties discussed the use of the lounge as the fourth bedroom. The resident asked about erecting a dividing screen or wall in the living room to create a bedroom instead of using the lounge. During the discussion the landlord highlighted the need to complete an alterations request form.
6. The resident raised a complaint with the landlord on 5 August 2022 with the following points:
   1. It was offered and let as a 4-bedroom property. It is not a 4-bedroom property in its current layout.
   2. Was told the living room (described as the lounge on the floor plan) is the 4th bedroom and the dining room (described as the living room on the floor plan) is the living room. The dining room (described as the living room on the floor plan) must be the 4th bedroom however it is currently open plan.
   3. The landlord needs to install a wall and door for privacy.
7. The landlord sent the stage 1 response on 16 August 2022, it did not uphold the complaint. It stated:
   1. The property is on the database as a 4-bedroom property for a maximum of 8 occupants.
   2. At the property viewing on 29 June 2022, it explained the backroom/lounge was the 4th bedroom.
   3. During the viewing the resident asked if they could install a dividing screen to make the living room a bedroom. He was told he would need to request permission by completing a form.
   4. The landlord does not support the assertion the property was not let correctly.
8. The resident escalated his complaint on 16 August 2022 stating:
   1. There is not enough space in the living area (described as the lounge on the floor plan) for 8 people.
   2. During the viewing he had made clear he was upset at what was suggested as the living area.
   3. Would like a wall and door to be installed by the landlord.
9. Customer services had a call with the resident’s wife on 8 September 2022. She reported the stress the situation was causing her and asked if someone from the landlord could visit to see what she was experiencing. The landlord visited on 14 September 2022, the visit is referenced in the stage 2 response.
10. The landlord sent a stage 2 response on 23 September 2022. It provided the following reasons for not upholding the complaint:
    1. During the viewing the downstairs layout was explained and no issues were raised other than a request to install a divider screen to separate the open plan living room.
    2. Advice was given that permission would be required to add a wall or divider to change the layout.
    3. It was not in a position to undertake the improvement works requested by the resident. If he wanted to change the layout, he would need to request permission once the tenancy became secure.
11. The resident referred his complaint to this service on 12 March 2023. He noted he had accepted the property as a 4 bedroom property but the current layout was not suitable. He explained this to the landlord at the viewing on 29 June 2022. The resident wants the landlord to install a wall and door in the living room to use it as a box bedroom. He said the situation is affecting his mental health and the mental health of his children.

Assessment and findings

Information provided by the landlord before the resident accepted the tenancy

12. At the time of advertising the landlord failed to provide an accurate and clear description of the property and the intended use of the lounge. The advert marketed the property as having 4 bedrooms. The floor plan showed three separate rooms marked on the ground floor, the kitchen, lounge and living room. It only showed three bedrooms and they were all on the first floor.
13. The floor plan on the advert had several elements missing. There were no room measurements, it was missing an internal door to the kitchen and windows on both floors.
14. However, the issue with the advert and the plan was further explained at the viewing when the landlord indicated that the lounge as shown on the plan was to be the 4th bedroom. In both complaint responses the landlord maintains the resident did not raise any issues with the property during the viewing. However, it does acknowledge the resident asked about dividing the living room, it is therefore reasonable to conclude he was not entirely satisfied with the layout and its intended use and this was an issue.
15. The resident says he made it clear at the time of the viewing that he was not happy with the proposed layout, stating he was very upset with what the landlord was trying to “fob off as the living area”. Whilst he was at the property the landlord told him there were very few 4-bedroom properties available. This made him feel pressured to accept the property.
16. If perhaps the layout of the property was better explained in the advert and the floorplan, which ultimately led to the resident undertaking a viewing, the resident would have been more informed at the point of viewing and better prepared to raise any issues they had. As it was not until the point of viewing that the layout of the property was explained, the resident should have been given a cooling off period to consider whether to accept the property and what further enquiries to make. However, the resident explained that they felt pressured to accept the property and went ahead. It is clear that the resident raised issues about the property at the viewing. which ultimately led to the complaint now being dealt with. It is not unusual for these scenarios to lead to rushed decisions as residents get their hopes up and are understandably eager to move. As a result of the inconsistent and insufficient information in the advert and floorplan and the landlord’s explanation at the viewing there was service failure.

Response to the resident’s request to alter the property

17. The landlord gave verbal instruction on how to request an alteration during the viewing. It is not known if this instruction was clear and understood.
18. In the complaint on 5 August 2022 the resident requested that the landlord build a dividing wall in the living room. The stage 1 response did not answer this point and did not mention that the resident could not request an alteration during the introductory period of the tenancy. The landlord failed to address the complaint at the first stage.
19. On 10 October 2022 the resident received a phone call from the landlord’s customer satisfaction team. During the call he complained he had never received the property alteration form. When he viewed the property, the landlord said they would send it to him.
20. It is unclear why it took until the stage 2 response for the landlord to put in writing the resident’s right to make alterations and carry out the work himself. It confirmed a request to build a wall could be made when the tenancy became secure. It went further, suggesting that reasonable improvement requests were not normally turned down. However, it did not provide the property alteration form or tell the tenant in writing where to find it. It wasn’t until after a further inspection on 3 November 2022 that it sent the property alteration form.
21. After the viewing the landlord was aware of the resident’s wishes on dividing the living room. It would have been reasonable to write to him at that point explaining that a request to alter the property could not be made during the 12 month introductory period. It should have also clarified how to make a property alteration request saying who would be responsible for doing the work. Providing this information from the outset would have been beneficial to resident. 
22. Overall, the landlord delayed providing all the information the resident needed to understand the process of pursuing an alteration request. Whilst this information was available in the tenancy agreement, customer handbook and the landlord’s website, from the earliest contact at the viewing the resident raised the matter with the landlord, when he would not have had this information available. Internal communication show it is the landlord’s procedure to send new residents an email on the day they move in. A link to the property alteration form is in the email. There is no evidence to show the resident received the email. Due to these omissions, there is service failure.

Complaint handling

23. The complaint was handled in a timely manner, the response times were met and short delays communicated.
24. When dealing with complaints landlords must address all points raised in the complaint and provide clear reasons for any decisions, referencing the relevant policy, law and good practice where appropriate.
25. A clear point in the initial complaint was the request for the landlord to build a dividing wall. There was service failure in the landlords handling of the complaint as it did not answer this point in its stage 1 response and failed to acknowledge the omission at stage 2.

Determination

26. In accordance with paragraph 52 of the Scheme, there was service failure by the landlord in respect of the information provided about the property before the resident accepted the tenancy.
27. In accordance with paragraph 52 of the Scheme, there was service failure by the landlord in its response to the resident’s request to alter the property.
28. In accordance with paragraph 52 of the Scheme, there was service failure by the landlord in respect of its handling of the resident’s complaint.

Orders and recommendations

Orders

29. The landlord must pay the resident £200 compensation, made up of:
    1. £50 for the distress and inconvenience caused by the failure to provide a clear and accurate description of the property before the resident attended the viewing.
    2. £50 for the distress and inconvenience caused by the landlord’s response to the resident’s request to alter the property.
    3. £100 for the distress and inconvenience caused in its complaint handling by failing address to the issues at stage 1.
30. The landlord to confirm compliance with the above orders within four weeks of this report.

Recommendations

31. The landlord should ensure property advertisements accurately describe the location of each room in the property. Floor plans should have the intended use of each room clearly marked.
32. The landlord should consider giving residents a cooling off period where they have raised issues with the property.