Hammersmith and Fulham Council (202007623)

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REPORT

COMPLAINT 202007623

Hammersmith and Fulham Council

19 August 2021


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 request to be transferred due to overcrowding, and the problems flowing from that.
  2. The resident complained to the landlord on 16 October 2020 about his housing situation where he wished to be moved to a larger property, as his current property was too small and affected by damp and mould. He said that this damp and mould was affecting his family’s health.
  3. The landlord responded to the resident on 6 November 2020 to confirm that he was on the housing register with the correct banding for his circumstances, however it had been recommended to address the damp and mould as a priority. It noted that he had rejected an offer of a property with a housing association.
  4. The resident escalated his complaint on 11 November 2020 due to his continued dissatisfaction with the priority banding allocated to him, and that he had been waiting for it to investigate the damp and mould since January 2020. He said that the previous offer of a housing association property had been unsuitable as it would have resulted in him commencing a starter tenancy whereas he wished to retain his secure lifetime tenancy.
  5. After intervention from this Service on 9 January and 4 March 2021, the landlord issued a further stage one complaint response on 10 March 2021 specifically addressing the resident’s reports of damp and mould in the property. It informed him that it had arranged for a surveyor to inspect the reported damp and mould at his property on 12 March 2021. The landlord also apologised for its delay in responding to his complaint, and offered £25 compensation in recognition of this.
  6. The resident escalated his complaint to the final stage on 10 March 2021. The landlord’s surveyor attended the property on 12 March 2021 and its internal communication showed that the surveyor found that the damp and mould was the result of overcrowding in the property. The surveyor said that only rehousing the family would resolve the issue.
  7. The landlord issued a final response to the resident on 19 March 2021 where it explained that the damp and mould was the result of overcrowding and not water ingress. It confirmed that he was still on the waiting list for a suitably sized property for his household and provided further information to him on the implications of accepting a property from a housing association to inform his decision on any future offer. The landlord asserted that it was “doing all that is possible within requirements of the services”.
  8. The resident was nominated to view a property on 29 April 2021 which he did so on 4 May 2021.
  9. This Service contacted the landlord on 21 May 2021 to offer it the opportunity to engage in mediation with the resident. His desired resolution was for it to transfer him to a property where he and his family would not be overcrowded and where he would retain his secure lifetime tenancy.
  10. The resident confirmed to the Ombudsman on 1 June 2021 that he had signed a secure tenancy agreement with the landlord at the new property to commence on 7 June 2021.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the resident which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:
    1. “At any time, 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. This will result in a finding of ‘resolved with intervention’.”
  2. The resident’s desired resolution throughout was for the landlord to transfer him to a larger property suitable for his household. The landlord has since provided him with a suitably sized property, which he confirmed to this Service he accepted.  
  3. We are therefore satisfied that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.