Origin Housing Limited (202425920)
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Decision |
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Case ID |
202425920 |
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Decision type |
Investigation |
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Landlord |
Origin Housing Limited |
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Landlord type |
Housing Association |
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Occupancy |
Leaseholder |
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Date |
24 October 2025 |
Background
- The resident lives in a first floor, 2 bedroomed flat.
What the complaint is about
- The complaint is about the landlord’s:
- Response to the resident’s request for information about his service charge costs.
- Complaint handling.
Our decision (determination)
- There was service failure in the landlord’s response to the resident’s request for information about his service charge costs.
- There was maladministration in the landlord’s complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
Service charge costs
- The landlord did not provide the resident with a response within a reasonable timeframe. There is no evidence it was investigating this issue until after it sent him its stage 2 response, despite telling him it was. Although it did provide him with a breakdown of its service charge costs, it did not provide him with an answer if its costs represented value for money or why these had increased.
Complaint handling
- The landlord did not clearly tell the resident that it was not considering part of his complaint, as it had already provided him with a stage 1 response on this issue. There is no record that it formally acknowledged his complaint at either stage. Its responses were over its published timeframe by a total of 35 working days, which caused the resident inconvenience.
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.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order
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No later than 21 November 2025 |
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2 |
Compensation order The landlord must pay the resident £200 made up as follows:
This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. |
No later than 21 November 2025 |
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3 |
Information order The landlord must provide the resident with a written response clearly explaining why his service charge costs had increased. |
No later than 21 November 2025 |
Recommendations
Our recommendations are not binding, and a landlord may decide not to follow them.
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Our recommendations |
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It is recommended that the landlord arranges complaint handling training for its staff to ensure that its complaint policy and the Code are followed |
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It is recommended that the landlord considers available leasehold best practice from published sources such as Tenant Participation Advisory Service (TPAS). |
Our investigation
The complaint procedure
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Date |
What happened |
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04/04/2024 |
The resident raised his complaint to the landlord. He said that:
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03/05/2024 |
The landlord sent the resident its stage 1 complaint response. It said:
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31/05/2024 |
The resident asked the landlord to escalate his complaint. He said nothing had happened since he received its stage 1 response, despite it saying it would provide him with follow-up information. He wanted it to provide him with a breakdown of the costs it had incurred and the reasons why its costs had increased. |
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21/08/2024 |
The landlord sent the resident its stage 2 complaint response. It upheld his complaint and said:
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Referral to the Ombudsman |
The resident referred his complaint to us. He was unhappy:
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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 did not investigate
The resident told us of ASB within the block of flats. We are unable to consider this issue as it has not been through the landlord’s internal complaints procedure.
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Complaint |
Service charge costs |
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Finding |
Service failure |
- The landlord’s complaint response told the resident that it would provide him with a breakdown of its service charge costs by 20 September 2024. However, its evidence shows that it sent him this information on 22 October 2024. Due to this, this investigation will consider events up until this date.
- On 19 February 2024 the landlord sent the resident details of its service charge costs for the 2024/25 financial year. It said it had worked out these by looking at previous costs, together with any changes in the price of a contract, the amount of VAT and the level of service required.
- When the resident raised his complaint, he said that he had sent the landlord an email on 8 March 2024, contesting the new charges. Although the landlord’s complaint response acknowledged it had failed to respond to his email, there is no record in its evidence provided to us of this email. This was a record keeping failure by the landlord.
- The landlord’s stage 1 response said it needed extra time to investigate its increase to the resident’s service charge. However, it did not explain to him how it would be investigating this, to manage his expectations.
- The resident was particularly concerned about the landlord’s costs for maintenance servicing contracts, for the boiler and lift at his block of flats. Both the landlord’s complaint responses were unable to address his concern, despite agreeing that these costs had “increased significantly.” It told him it would provide him a breakdown of its costs for these 2 items by 20 September 2024. However, it did not provide him with this until 22 October 2024, which exceeded its target to respond to him, and it did not explain to him the reasons for this delay.
- The landlord provided the resident with a breakdown of its service charge costs 159 working days after he had first contacted it to contest its charges. Its complaint responses said the reason for its delay was due to the complex nature of his query. Had robust mechanisms for the audit and scrutiny of the landlord’s costs, been in place as outlined in its terms of reference with its maintenance contractor, it should have been straightforward for it to deal with the resident’s query. However, there is no evidence in its records that it was investigating the issue before it met with its head of finance on 10 September 2024. This indicates there was a lack of ownership by it on the issue he had raised and the mechanisms it had in place for the audit and scrutiny of its costs were lacking. This caused the resident inconvenience as he chased it for answers on 31 May, 2 July, 4 October and 18 October 2024.
- Under the terms of his lease the landlord had to provide the resident with its estimated costs that it had reasonably incurred ahead of the start of each financial year. The resident would have expected it to have known the reason his service charge had increased. As its costs for the servicing of the boiler and lift had “increased significantly” it should have considered providing him with an explanation for this, in its letter to him on 19 February 2024. Had it done so then it may have been able to have resolved his concerns without the need for him to pursue this through its complaint’s procedure, which caused him time, trouble and inconvenience.
- The resident contacted the landlord on 22 August 2024. He said he would have expected it to have investigated why its costs were high and give him an explanation for this. Although it provided him with a breakdown of costs on 22 October 2024, there is no record that explained to him why its costs had increased. Its failure to address this was not reasonable and is likely to have caused him confusion. He has also told us that it still has not provided him with this information.
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Complaint |
The handling of the complaint |
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Finding |
Maladministration |
- The landlord’s complaints policy says it will acknowledge a complaint within 5 working days at both stages. It will provide a stage 1 response within a further 10 working days and within 20 working days at stage 2.
- When the resident raised his complaint, he told the landlord he was unhappy with the standard of its repairs and maintenance at his block of flats. The landlord’s stage 1 response said it had addressed his concerns in an earlier stage 1 response on 17 April 2024. This indicates that it was not considering this issue as part of his complaint. There is no record that he asked it to escalate his earlier complaint. Due to this, we are unable to consider this issue, as the matter did not complete the landlord’s complaints process. However, its stage 1 response should have made it clear to him that it was not considering this issue under the complaint he made on 4 April 2024, in line with the Ombudsman’s Complaint Handling Code (the Code). It is reasonable to conclude that the landlord including this issue as a complaint definition in its stage 2 was a mistake, as it did not consider this in its response. Had its stage 2 response clarified that it was not considering this issue, as the matter was part of an earlier complaint, it is likely that the resident would not have experienced confusion and inconvenience. This was a complaint handling failure.
- The resident asked the landlord to escalate his complaint as it had not responded to him, as its stage 1 had said it would do. It apologised to him on 31 May 2025 and said it had been awaiting confirmation on the service charges before it responded to him. It is reasonable to conclude it knew its response to him would be delayed, so it should have told him of this delay earlier. Although it said it would contact him by 6 June 2024, there is no record in its evidence that it did this. Its failure to explain its delay or follow-up on promises it made inconvenienced him as he had to chase it for answers.
- There is no record in the landlord’s evidence that it formally acknowledged the resident’s complaint at either stage. Its stage 1 response was 6 working days outside of its published timeframe for responding to a complaint. Although the delay was minor and had little impact on the resident it was a complaint handling failure.
- The landlord contacted the resident to gain an understanding of the issues and the outcomes he wanted when he escalated his complaint. This was reasonable and in line with its complaints policy.
- The landlord requested an extension to its stage 2 complaint, which the resident agreed to. However, this was 29 working days after it was required to send its response to him under the timeframe of its complaints policy. This was a failure by it to follow its complaints policy that says if it cannot provide a response within 20 working days it will contact the resident to explain this. Although it sent its response within the agreed extended timeframe, it was still outside its published timeframe for responding to his complaint. This was a complaint handling failure.
- The landlord’s stage 2 response said it had developed a neighbourhood action plan which it had added some of the resident’s concerns to. However, there is no record that it gave him a copy of this document or told him which of his concerns it had added to this. This was a complaint handling failure as it did not clearly explain to him which of his concerns it had included in its action plan.
- The landlord’s stage 2 response apologised for its delays in responding to the resident’s complaint and the inconvenience it had caused him. While this went some way to address its failures, we do not consider this was proportionate given. Its complaint response delay totalled 35 working days and its communication with him about the delay was poor.
Learning
- Where possible the landlord should ensure that it has mechanisms in place to be able to answer residents’ questions about service charges quickly. Having the correct and updated financial information on such matters will improve transparency in the services it provides.