Optivo (now Southern Housing) (202211711)

REPORT

COMPLAINT 202211711

Optivo (now Southern Housing)

18 September 2023

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 handling of the resident’s mutual exchange application.

Determination (decision)

2. In accordance with paragraph 53(c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress, following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

3. In or around June 2022, the resident made an application to the landlord to allow permission for her to mutually exchange. Her tenancy agreement stated that she had the right to mutually exchange, and that permission would only be withheld on specified grounds as set out in Schedule 3 of the Housing Act 1985.
4. In its final complaint response on 14 September 2022, the landlord stated that it would withhold permission for the resident to mutually exchange on the basis that the property was designated as a supported housing tenancy subject to a partnership agreement with the local authority. It offered her £400 compensation.
5. In her complaint to this service, the resident explained that she had not at any time been informed that her home had been designated supported accommodation, or paid for, been offered, or received any support in her home.
6. This service contacted the landlord on 21 August 2023, provided it with a summary of the Ombudsman’s understanding of the events, and asked it to provide further explanations of its actions in relation to the resident’s complaint.
7. In reply, the landlord stated that it would offer the resident £1,000 compensation and would not continue to withhold permission to mutually exchange from the resident. It made this offer to the resident in writing on 31 August 2023.
8. Paragraph 53(c) of the Housing Ombudsman Scheme states that:

“The Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily”.

9. I am therefore satisfied, following the intervention of this service, that the landlord has now taken actions to remedy the matters raised which will resolve the complaint satisfactorily.

Recommendations

10. The landlord should, within 28 days of the date of this determination:
    1. make payment of the increased compensation to the resident
    2. provide evidence of payment to this service
    3. write to the resident confirming steps it has taken to resolve the complaint and provide a copy to this service
    4. confirm in writing to the resident that will not withhold consent for the reasons it previously did in this case.