Stonewater Limited (202418656)

Decision
Case ID	202418656
Decision type	Investigation
Landlord	Stonewater Limited
Landlord type	Housing Association
Occupancy	Assured Tenancy
Date	1 May 2026

Background

1. The resident’s tenancy started during October 2018. She began carrying out repairs and improvements to the property soon after, believing that she would be able to buy it. However, during January 2023 her application to purchase the property was declined. During November 2023 she complained to the landlord about its response to these issues. She also raised her dissatisfaction about its handling of other matters.

What the complaint is about

2. The complaint is about the landlord’s:
   1. Response to the resident’s request to buy the property.
   2. Response to the resident’s request to be reimbursed for works carried out to the property.
   3. Handling of other matters relating to the resident’s tenancy.
   4. Handling of the associated complaint.

Our decision (determination)

3. There was:
   1. No maladministration in the landlord’s response to the resident’s request to buy the property.
   2. Service failure in the landlord’s response to the resident’s request to be reimbursed for works carried out to the property.
   3. Reasonable redress in the landlord’s handling of other matters relating to the resident’s tenancy.
   4. Reasonable redress in the landlord’s handling of the associated complaint.

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

 

 

Reasons

4. The resident’s complaint relates, in part, to issues which occurred between 2018 and 2023. This investigation has focussed on the landlord’s response to the associated concerns raised from 2023 onwards. This is because residents are expected to raise complaints with their landlords in a timely manner so that they have a reasonable opportunity to consider the issues whilst they are still ‘live’, and while the evidence is available to reach an informed conclusion on the events that occurred.

Request to buy the property

5. The Right to Buy scheme allows eligible council and some housing association tenants to purchase their home at a discounted price. The Right to Acquire scheme allows tenants of housing associations to buy their homes, provided they are eligible.
6. In her complaint the resident’s said that when she signed up for the property in 2018 she was told she would be able to purchase it. Given the time that had passed since these events, and the lack of evidence, the landlord’s complaint response that there was no failure of service was appropriate.
7. The resident applied to purchase the property in 2023. On 11 January 2023 the landlord wrote to her to explain that the application was declined because her tenancy did not qualify for the Right to Buy and the property was not eligible for the Right to Acquire scheme. Its response was appropriately in line with government guidance. We acknowledge that the resident disputes the facts contained in the landlord’s response. She says that the property was purchased by the previous tenant and sold back to the landlord. While we do not doubt her account, there’s no independent evidence to corroborate events.
8. She also raised concerns that the landlord did not tell her about the Voluntary Right to Buy scheme. In its response to the resident’s MP of 21 September 2023 the landlord said the scheme was no longer operating when she submitted her application to purchase the property. It was part of a pilot scheme launched in 2018 which required residents to express their interest by 19 September 2019. Following the government’s evaluation of the pilot, it was discontinued. Therefore the landlord’s response was appropriate.
9. The resident asked to be moved to an alternative property that qualified for the Right to Acquire scheme. On 1 November 2023 the landlord wrote to the resident’s MP to explain that it could not directly offer an alternative property on that basis. It appropriately signposted the resident to its home finder system to look for another property. Its response was reasonable in the circumstances.

Request to be reimbursed

10. The resident’s complaint said that the property was in poor condition when she moved in. She said she’d carried out extensive works at her own expense which the landlord was aware of. She said she did so believing she’d be able to buy the property. As that was no longer an option she requested reimbursement and provided receipts, some of which dated back to 2018.
11. The landlord’s letter to the resident’s MP of 1 November 2023 confirmed that she had not raised concerns about the condition of the property, including a lack of furniture and flooring, when she moved in. Given the time that had passed, the landlord’s finding that there was no failure of service regarding that and other issues, including the garden, was reasonable.
12. The landlord also asked the resident to provide details of all works she’d undertaken so it could investigate further by comparing them to its own records. Its complaint responses referred to this request and said the resident had not responded. It said it could not consider the matter further until this was provided. We’ve not seen evidence that the resident provided any further information. Therefore, the landlord’s response was reasonable.
13. The landlord’s stage 2 response acknowledged that during 2018 it was aware that the resident was carrying out major works, including knocking down walls (which is denied by the resident). It said that at the time it advised the resident that she needed to request permission and that it needed to review the work. This was in line with her starter tenancy agreement that said she must not remove or alter any wall without its written consent. The agreement also said that she did not have the right to improve the property until the tenancy became an assured tenancy. After that time, improvements could be carried out with the landlord’s prior consent.
14. The landlord said that the resident had a right to compensation for qualifying improvements should she move out of the property. However, it said because she had not been given permission for the works she was not eligible. The landlord knew major works were taking place, but there’s no evidence that it contacted her to request she stop works and/or to arrange to inspect. By not doing so, it missed an opportunity to make sure works were being carried out safely and to its satisfaction, and to resolve the matter of permission. We have addressed this in our orders.

Other tenancy issues

15. The landlord’s letter to the resident’s MP of 21 September 2023 said that, due to the passing of time, it was unable to investigate if she received a decoration voucher when she moved into the property. However, it said it would provide one to put things right. Its update to the resident’s MP of 1 November 2023 confirmed that it had contacted the resident to advise the voucher would be for £160. It said it was unable to increase the value to £500 in line with her request, and provided an appropriate explanation as to why. The landlord’s complaint response regarding the decoration voucher was therefore reasonable in the circumstances.
16. In her request to escalate her complaint, the resident said she was unhappy that her application for a grant made in May 2022 was rejected. The landlord’s stage 2 complaint response disputed this was the case and said it had been granted. We’ve not seen any evidence that the resident disagreed with its response.
17. During her complaint the resident raised concerns that she may have been evicted if she raised repairs. The landlord’s complaint responses reassured the resident that it would not do so. This was reasonable, particularly given the time that had passed since the issues occurred.
18. The landlord’s stage 1 complaint response acknowledged the distress caused by the resident’s concerns about how it communicated with her. It said it would feed back to the relevant teams and offered £100 compensation. It offered an additional £125 for inconvenience. This is in line with our compensation guidance where there was a failure which had an adverse effect on the resident. Therefore, the landlord has taken proportionate steps to put things right.

Complaint handling

19. The landlord’s stage 1 response acknowledged the resident’s concerns about not being able to raise a formal complaint sooner through its website. It said that due to a lack of evidence it was unable to carry out an investigation. However, it used its discretion to offer compensation of £100 for any distress caused.
20. Its stage 2 complaint response acknowledged that it failed to escalate the resident’s complaint made on 9 December 2024. Its inaction caused inconvenience to the resident who contacted us to ask for assistance. It apologised and offered an additional £100 compensation. The compensation offered by the landlord was in line with our compensation guidance where there was a failure which had an adverse effect on the resident. Therefore, the landlord has taken proportionate steps to put things right.

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	Take specific action order The landlord must contact the resident and arrange to inspect the property. It must consider granting retrospective permission for works she has carried out and write her to set out its position. This must include whether the works could then be considered as qualifying improvements should she move out.	No later than 29 May 2026
2	Take specific action order The landlord must write to the resident to give her a deadline by which she should set out all the works she has carried out and provide evidence of costs. If this is provided the landlord must write to the resident to set out its position regarding reimbursement.	No later than 29 May 2026

 

 

 

 

 

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

Our recommendations
Our reasonable redress findings are dependent on the landlord paying the resident: £225 as offered in stage 1 response for communication failures and inconvenience if it has not already done so.  £200 as offered in its stage 1 and 2 responses for its complaint handling failures.