B3 Living Limited (202423441)

Background

1. The resident is an assured tenant of the landlord. Her tenancy started on 13 September 2024. She was dissatisfied with the condition of the property when she moved in with her baby and complained to the landlord. She referred her complaint to this Service because she was unhappy with the level of compensation offered by the landlord.

What the complaint is about.

2. The complaint is about the landlord’s management of the property condition on letting and associated repairs.
3. We have also investigated the landlord’s complaints management.

Our decision (determination)

4. There was service failure in the landlord’s management of the property condition on letting and associated repairs.
5. There was service failure in the landlord’s complaints management.

We have made orders for the landlord to put things right.

Summary of reasons

6. The landlord acknowledged its failings, arranged remedial works, provided temporary accommodation, and acted promptly. It apologised and offered practical remedies and financial redress, including £50 compensation, hallway carpet, and reimbursement of energy costs. These steps evidence that the landlord attempted to put things right. However, its offer of compensation was not proportionate to the circumstances, and it did not demonstrate commitment to learning from the substantive issues.
7. The landlord’s Complaints Policy aligns with the Ombudsman’s Code and sets clear timeframes. While there was a minor delay in issuing the stage 2 response, this had minimal impact on the outcome. The landlord apologised and explained the delay. Its complaint letters were clear, well-structured, and met Ombudsman standards (set out in the Code) for effective communication, representing good practice. The landlord acknowledged its errors and offered redress. However, the landlord’s compensation framework is not reflective of current sector practice. The level of redress offered through the complaints process was not proportionate and did not go far enough to put things right for the resident.

Putting things right

Where we find service failure, maladministration, or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Orders

Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.

Our investigation

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

What we have not looked at

8. The resident said the landlord’s actions negatively affected the household’s health and wellbeing. The Ombudsman cannot decide legal liability, assess personal injury, or award damages these are matters for the courts or a personal injury claim, where medical evidence can be considered. However, we will review any distress and inconvenience caused by the landlord’s handling of the issues.

9. The landlord’s void standard requires properties to be safe, clean, and ready for occupation. Hazards must be addressed, and heating systems checked to ensure they work and adequately heat all living areas. Damp issues must be investigated and treated, and cracks, holes, and water stains repaired. Kitchens should be under 20 years old and bathrooms under 30 years old, both in good condition and hygienic. General needs voids will have flooring and full decoration in lounges, kitchens, and bathrooms, with kitchens and bathrooms fitted with non-slip vinyl and lounges carpeted. Properties must be cleaned after works, mould treated, and ventilation improved where needed. A post-inspection with photographs is required once all works are complete.
10. The landlord’s Responsive Repairs Policy states that emergency works would be completed within 24 hours of being reported and routine repairs within 20 working days.
11. Its Compensation Policy allows compensation as part of a formal complaint response. Payments may cover loss of room or utility space, loss of belongings, or disturbance costs when liability is established, often through insurance. It also provides guidance on goodwill payments for service failures or justified complaints where practical remedies cannot restore the customer’s position. Compensation may be offered for accidental damage, loss of use of rooms for more than 24 hours, excessive electricity use during works, temporary moves for major repairs, or severe inconvenience. Goodwill gestures are discretionary and based on impact and time taken to resolve issues, but they do not cover claims for stress, which must be addressed through insurance.
12. The evidence shows the landlord surveyed the property and created a specification of void works on 20 August 2024. The survey included reference to the property being “exceptionally dirty.” It included instructions to mould clean surfaces, redecorate, renew silicone, and fill holes in walls.
13. It is not in dispute that the property did not meet the landlord’s void standard when the resident’s tenancy began on 13 September. When notified by the resident, the landlord scheduled remedial works, including addressing mould, filling holes, painting of timber surfaces and addressing exposed nails.
14. The landlord also arranged temporary hotel accommodation for the resident. These actions were appropriate given the circumstances and demonstrated an effort to resolve the problems. However, the need for the resident to vacate the property so soon after moving in caused significant disruption. This included the inconvenience of relocating, managing personal belongings, and adjusting to temporary living arrangements with her baby. The situation also resulted in additional time and effort for the resident to coordinate with the landlord and contractors. While the landlord acted to mitigate the impact by providing temporary accommodation, the disruption was a direct consequence of the property not meeting the required standard at the start of the tenancy.
15. The landlord’s records confirm that it communicated its void standard to the resident before the tenancy began. It advised that decorating and flooring would be provided in the kitchen, bathroom, and living room, and that a paint pack would be supplied for other rooms. This was consistent with its published void standard and indicated that the landlord took steps to set expectations at the outset.
16. However, the landlord acknowledged in its stage 1 complaint response that the resident had been incorrectly informed about the installation of a new kitchen and bathroom. Although the landlord apologised for this error, the misinformation raised expectations that could not be met and likely caused disappointment. This was an avoidable issue and may have affected the landlord and tenant relationship.
17. The landlord completed all remedial works by 28 October 2024, which was 41 working days after the stage 1 complaint. This exceeded its policy commitment to complete repairs within 20 working days. However, the evidence shows that the landlord acted promptly, with contractors attending frequently and additional orders raised as needed. Given the scope of the works, it was not unreasonable that completion took until 28 October.
18. The landlord acknowledged its failings and apologised to the resident. It offered £50 compensation in line with its compensation policy, reflecting a level of impact and duration of inconvenience. In addition, it agreed to supply and fit carpet in the hallway and reimburse reasonable additional energy costs incurred during the works. These actions demonstrate that the landlord took steps to resolve the complaint and provide practical remedies alongside financial redress. However, its offer of compensation was not sufficient to put things right for the resident, who had experienced considerable distress and inconvenience and had expended time and trouble in pursuing a resolution to the condition of the property. The landlord did not demonstrate that it was committed to learning from its failings in this case.
19. On this basis, we find that there was service failure in the landlord’s management of the condition of the property at letting and the associated repairs.

20. The landlord’s Complaints Policy aligns with the Ombudsman’s Complaints Handling Code (the Code). It states it will acknowledge, define, and log a complaint within 5 working days and respond within 10 working days at stage 1 or 20 at stage 2.
21. The stage 2 response was issued 1 day late, and the resident had to chase for an update, which likely added to her frustration and perception of being ignored. The landlord apologised for the delay and provided an explanation.
22. Despite this minor delay, the landlord’s complaint acknowledgement and outcome letters were clear, well-structured, and written in plain language. They set out the outcome, the process, timeframes, and next steps in an accessible way, which aligns with Ombudsman standards in the Code for effective communication, and represents good practice.
23. However, the landlord’s compensation framework contained within its Compensation Policy is not reflective of current sector levels. The compensation offered to the resident, including the offer of additional carpet to the hallway, was insufficient to recognise the distress and inconvenience caused to the resident and the time and trouble she was put to in pursuing a resolution. There was no demonstrable commitment to learning from its failings. Consequently, we find there was service failure in the landlord’s complaint handling.

Learning

24. Ensure Properties Meet Void Standards Before Letting
    The property did not meet the landlord’s published void standard at the start of the tenancy. The landlord should strengthen void inspections and quality assurance processes to ensure homes are safe, clean, and ready for occupation at letting.
25. Maintain Good Practice in Communication
    The landlord’s clear and well-structured complaint letters were an example of good practice.