Southern Housing (202330466)
|
Decision |
|
|
Case ID |
202330466 |
|
Decision type |
Investigation |
|
Landlord |
Southern Housing |
|
Landlord type |
Housing Association |
|
Occupancy |
Assured Tenancy |
|
Date |
26 February 2026 |
Background
- The resident moved into a ground‑floor property on 20 November 2023, which the landlord offered due to her medical needs and repair issues at her home. After moving in, the resident complained about the property’s condition and said she disposed of belongings because of it. She returned to her previous home and asked for compensation. The landlord apologised for the missed clean and offered compensation but declined to compensate for the discarded items.
What the complaint is about
- The landlord’s handling of:
- Reports about the condition of the property and the level of compensation offered.
- The complaint.
Our decision (determination)
- We found:
- Reasonable redress in the landlord’s handling of reports about the condition of the property and the level of compensation offered.
- Service failure in the landlord’s handling of the complaint.
We have made orders for the landlord to put things right.
Summary of reasons
Condition of the property and level of compensation offered
- The landlord’s final offer of £435.79 was in line with its policy and broadly consistent with the Ombudsman’s Remedies Guidance. However, it did not direct the resident to its insurer, which prevented her from pursuing her concerns about damage to her belongings.
The complaint
- The landlord delayed both stage 1 and stage 2 responses, and the resident had to chase for updates. It acknowledged the stage 1 delay but did not acknowledge that the stage 2 response was outside the timescale.
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.
|
Order |
What the landlord must do |
Due date |
|
1 |
Compensation order The landlord must pay the resident £60 for its handling of the complaint. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid. |
No later than 26 March 2026 |
Recommendations
Our recommendation is not binding, and a landlord may decide not to follow them.
|
Our recommendation |
|
The landlord should contact the resident to explain how she can make an insurance claim and respond to any questions she has about the claims process. |
Our investigation
The complaint procedure
|
Date |
What happened |
|
28 November 2023 |
The resident complained about the condition of a property she moved into, which the landlord arranged due to repairs at her home and her need for ground‑floor accommodation. She said it was not fit to live in, spent time and money trying to clean it, and disposed of belongings. She sought compensation and an apology. |
|
5 January 2024 |
The landlord acknowledged the property had not been cleaned as planned and was not in a suitable condition. It apologised and offered £435.79 for service issues, inconvenience, time and trouble, and cleaning costs, but said it could not compensate for discarded items. |
|
5 January 2024 |
The resident escalated her complaint, saying the landlord’s response did not reflect the severity of the issue. She said the compensation offer did not recognise her financial and sentimental losses. She asked for fair compensation and a more appropriate response. |
|
8 February 2024 |
The landlord responded and increased its compensation offer to £470.79 but reiterated that it could not compensate her for any items she had disposed of. It also confirmed that it did not charge rent during the period the resident occupied the property. |
|
Referral to the Ombudsman |
The resident brought her complaint to the Ombudsman because she remained dissatisfied. She said she was seeking fair compensation for her losses and recognition of the impact the issues had on her. She also confirmed that she moved into a new home in June 2024. |
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.
|
Complaint |
Condition of the property and level of compensation offered. |
|
Finding |
Reasonable redress |
What we have not investigated
- The resident told the landlord cleaning the property herself contributed to a worsening of her health. The Ombudsman cannot assess the cause of, or liability for, any impact on health or wellbeing, as this would require medical or legal findings outside the Ombudsman’s remit. If the resident believes her health has been affected by the landlord’s actions or inaction, she may be able to pursue a personal injury claim. This is a legal process, and she may wish to seek independent legal advice. As matters relating to personal injury are better dealt with through the courts, this issue is not considered further in this investigation.
What we have investigated
- The resident moved into the property on 20 November 2023 and reported the same day that it was in poor condition. She said it had not been cleaned as agreed and described strong odours, visible dirt, grime on surfaces and radiators, and nicotine staining. She said she had taken annual leave to manage the move and had chased the landlord for updates.
- Internal emails show the landlord arranged a deep clean for 27 November 2023. The resident was not contacted and the contractor attended without an appointment, reporting no access.
- On 28 November 2023, the resident complained. She reported a kitchen unit fitted over dirt and debris, unclean paintwork and flooring, leaks, and dirty material in the radiators. She said she discarded all her kitchen items within 3 days due to the odours, along with some clothing. She said she had no cooker or bedframe because she had disposed of them before the move and had been sleeping on a mattress upon returning to her previous property. She reported stress and asked for compensation for discarded items, moving costs, a contribution to a cooker, and an apology.
- On 5 January 2024, the landlord issued its response. It accepted that the property had not been cleaned before she moved in and said it would have arranged a deep clean had she stayed. It apologised and offered £425.79 for loss of room use, cleaning products, miscommunication, and lack of updates. It said it could not compensate for discarded belongings under its policy.
- The resident escalated her complaint the same day, saying the impact had not been assessed fairly and the compensation was insufficient. In January 2024, she told the landlord the discarded items were worth about £700 and were uninsured.
- On 8 February 2024, the landlord issued its final response. It increased its offer by £20 to £435.79. It confirmed it could not compensate for disposed belongings, annual leave, or loss of earnings under its policy.
- The resident remained dissatisfied and referred the matter to the Ombudsman. She accepted the compensation the landlord offered but said she was still unhappy that it did not cover her belongings. She also confirmed that the landlord did not charge her rent during the short period she occupied the property. She said she moved into a new property in Summer 2024.
- The resident said she lost earnings because she used annual leave to move into and out of the property. We recognise the stress and inconvenience this caused. The landlord’s policy does not compensate for loss of earnings, which aligns with the Ombudsman’s Remedies Guidance. Compensation can, however, address inconvenience, which the landlord considered.
- The landlord’s policy states it will not compensate residents for damaged belongings. It explained this to the resident, but it did not signpost her to its insurer or explain how she could make a claim.
- When the resident reported damage to her belongings and said the landlord was responsible, the landlord should have directed her to its insurer. There is no evidence it did so. This meant it did not take reasonable steps to help her pursue her concerns. We have made a recommendation about this. Although the landlord missed the opportunity to provide clear signposting, its final offer of £435.79 was in line with its policy and broadly consistent with the Ombudsman’s Remedies Guidance. This was reasonable given the issues raised and the time involved.
|
Complaint |
The complaint. |
|
Finding |
Service failure |
- The landlord operates a formal 2‑stage complaints process. Its policy states that it will acknowledge complaints within 5 working days, issue stage 1 responses within 10 working days, and issue stage 2 responses within 20 working days. If it requires an extension at stage 2, it must inform the resident and explain the reasons. These timescales align with the Complaint Handling Code.
- In this case, the resident submitted her complaint on 28 November 2023. The landlord acknowledged the stage 1 complaint on 8 December 2023 and issued its response on 5 January 2024, 26 working days later. This was outside the policy timescale. The landlord acknowledged the delay, apologised, and offered £10 compensation.
- The resident asked to escalate the complaint on 5 January 2024 as she was dissatisfied with the stage 1 response. The landlord acknowledged the stage 2 escalation on 11 January 2024 and issued its stage 2 response on 8 February 2024, 25 working days later. This was outside the policy timescale, and the landlord did not acknowledge this delay.
- The evidence shows avoidable delays at both stage 1 and stage 2. The resident also had to spend time and effort chasing updates, which should not have been necessary. Although the landlord apologised and offered £10 compensation for its stage 1 delay, it did not acknowledge the delay at stage 2. Given the time and trouble caused, and the overall delays, we have made an order for further compensation in recognition of the additional impact on the resident.
Learning
Knowledge information management (record keeping)
- The landlord should consider keeping clear and accurate records of all planned works before letting a property. Stronger record‑keeping would help demonstrate what checks were completed and whether the property met the required standard when the resident moved in.
Communication
- The landlord should consider reviewing the Housing Ombudsman’s spotlight report on complaint handling. The report explains that delays, poor communication, and lack of ownership can escalate issues unnecessarily. It recommends clear accountability, timely responses, and proactive engagement to resolve problems early and maintain trust.