Royal Borough Of Greenwich (202329908)

Background

1. The resident lives in a 2 bedroom flat. At the time of the complaint, the resident’s rent account was in arrears. The resident complained to the landlord about its decision to apply to the Department for Work and Pensions (DWP) to deduct his rent directly from his universal credit.

What the complaint is about

2. The complaint is about:
   1. The landlord’s response to the resident’s concerns about the actions it took to recover rent arrears.
   2. The landlord’s complaint handling.

Our decision (determination)

3. We have found that:
   1. There was no maladministration in the landlord’s actions it took to recover rent arrears.
   2. There was no maladministration in the landlord’s complaint handling.

We have not made orders for the landlord to put things right.

Summary of reasons

4. The landlord’s decision to request direct payments from the DWP towards his rent payments was in line with sector wide practice and government guidance
5. The landlord responded to the resident’s complaint in line with its complaints policy.

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 considered.

6. The resident raised ongoing issues with his rent account which occurred after the landlord’s final response on 2 November 2023. We have no power to investigate complaints which the landlord has not had the chance to put right first. There is no evidence the resident has exhausted the landlord’s complaint process regarding events that occurred after 2 November 2023. Therefore, we have no power to investigate the resident’s concerns regarding his rent account after 2 November 2023.

What we have considered.

7. During the period January 2023 to June 2023, the landlord wrote to the resident to make him aware of the rent arrears on his account. It explained the amounts he needed to pay to cover his rent and the minimum amount required to reduce his arrears. It offered him additional support, but he had not engaged with it. The landlord told the resident if he did not make the required payments, it would request payment direct from his universal credit. The landlord’s actions during this period were in line with its rent collection policy.
8. Under the Department of Work and Pensions (DWP) guidance for Alternative Payment Arrangements (APAs), landlords can request the DWP deduct rent payments from benefits if the resident’s rent arrears equal 2 or more months of their rent. They can also do so if a resident has continually underpaid their rent for more than 2 months and they have accrued arrears of an amount equal to 1 month rent or more.
9. On 1 August 2023the landlord applied to the DWP for direct payments and received the first payment on 22 August 2023. The balance on the resident’s rent account had increased from £473.74 on 2 January 2023 to £872.58 on 1 August 2023. This left the arrears on the residents account above 1 months’ rent. Therefore, the landlord could request direct payments from the DWP under the APAs, as the balance on the resident’s rent account had increased to more than 1 months rent over a more than 2-month period. This was a decision the landlord was entitled to make and was reasonable in the circumstances.
10. In its complaint responses, the landlord explained why it had requested direct payments for the resident’s rent from the DWP and explained the amount he needed to pay each month. It referred him again for financial assistance and the evidence shows the relevant team contacted the resident. It was appropriate for the landlord to explain the reasons why it had requested direct payments and to offer the resident additional support.
11. In its complaint responses, the landlord acknowledged it had failed to respond to an email on 22 August 2023, and it provided an incorrect email address in its stage 1 complaint response. It apologised for these failures. It was appropriate for the landlord to acknowledge and apologise for its mistakes.
12. In summary, the evidence shows the landlord acted appropriately in the actions it took to recover the rent arrears on the resident’s account. There were opportunities within its handling where the landlord could have improved its service, which it acknowledged and apologised for. However, these instances do not amount to a service failure, and no detriment was caused to the resident. This leads to a determination of no maladministration in the landlord’s response to the resident’s concerns about the actions it took to recover rent arrears.

13. At the time of the complaint, the landlord’s complaint process was that it would respond to stage 1 complaints within 15 working days and stage 2 complaints within 20 working days. The landlord responded to the resident’s complaint at both stages within the timescales of its policy. We have found no failures in the landlord’s complaint handling. This leads to a determination of no maladministration.

Learning

Knowledge information management (record keeping)

14. The landlord demonstrated detailed record keeping in respect of the matters we have investigated in the case.

Communication

15. The landlord demonstrated effective communication with the resident outside of the specific communication failures identified above.