Worthing Homes Limited (202403697)
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Decision |
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Case ID |
202403697 |
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Decision type |
Investigation |
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Landlord |
Worthing Homes Limited |
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Landlord type |
Housing Association |
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Occupancy |
Assured Tenancy |
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Date |
10 December 2025 |
Background
- The resident lives in a house owned by the landlord. He has mental health vulnerabilities. There was a house fire at the property in June 2023 which resulted in significant damage to the property. The resident was moved to temporary accommodation until the property was ready for his return. The resident’s complaint involves events prior to the house fire of ASB and issues relating to the landlord’s handling of the house fire including the landlord’s communications throughout the events.
What the complaint is about
- The complaint is about the landlord’s handling of:
- The resident’s reports of antisocial behaviour (ASB).
- The house fire including associated expenses, repairs, and communications.
- The resident’s reports about damaged personal possessions.
- The resident’s request to stay at the temporary accommodation.
- The repossession of the property.
- Conduct of staff and the resident’s report of landlord discrimination.
- The complaint.
Our decision (determination)
- The landlord’s handling of the resident’s reports of ASB is outside of our jurisdiction to investigate.
- There was service failure with the landlord’s handling of communications relating to the house fire.
- There was reasonable redress with the landlord’s handling of the reports of damaged personal possessions.
- There was no maladministration in relation to the resident’s request to stay at the temporary accommodation.
- The landlord’s handling of the repossession of the property is outside of our jurisdiction to investigate.
- There was no maladministration in relation to the landlord’s handling of the conduct of staff and the resident’s report of landlord discrimination.
- There was reasonable redress in relation to the complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
- Some of the issues raised by the resident have not been through the landlord’s formal complaints process. Where this applies, we have explained why certain aspects cannot be investigated.
- The landlord addressed the resident’s concerns about damaged personal possessions by apologising and offering £200 compensation for the distress and inconvenience caused.
- The landlord dealt appropriately with the resident’s report of staff conduct issues, and there is no evidence to support the resident’s allegations of discrimination by the landlord.
- The landlord identified failures in its communication. While it committed to improving its communications, it did not recognise the adverse impact caused to the resident.
- The landlord identified delays in its complaint handling, apologised and put things right for the resident in its compensation offer.
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 The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
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No later than 16 January 2026 |
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2 |
Compensation order The landlord must pay the resident £400 (including £200 already offered) to recognise the distress and inconvenience caused by its failures. This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. |
16 January 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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1.The landlord should pay the resident £100 compensation in relation to its complaint handling failure as offered during the complaints process. |
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2.The landlord should provide the resident with advice on whether he can submit a claim via its public liability insurance for the resident’s reports of damaged personal possessions caused by the removal company. |
Our investigation
The complaint procedure
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Date |
What happened |
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May 2024 |
On 10 May 2024 the resident made a complaint about several issues, including:
The landlord issued its stage 1 response on 28 May 2024, addressing each point as follows: Staff conduct
Communications
Damaged possessions (including carpets)
Discrimination
Rehousing
For these reasons, the request to remain in temporary accommodation was refused The landlord recognised its failures in handling the issues and offered him £300 compensation as follows:
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May 2024 to July 2024 |
The resident escalated his complaint around 29 May 2024, and the landlord issued its Stage 2 response on 2 July 2024, stating: Staff conduct
Rehousing
Carpets/floor coverings
The landlord apologised for the failures it had identified throughout the events |
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Referral to the Ombudsman December 2024 |
The resident referred the complaint to us due to his dissatisfaction with various aspects of the landlord’s response in relation to:
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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.
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Complaint |
The resident’s reports of ASB |
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Finding |
Outside jurisdiction |
- The resident has raised his reports of ASB to the landlord. The landlord has not had the opportunity to investigate this aspect of the complaint through its complaints procedure. We have no power to investigate complaints which the landlord has not had chance to put things right first.
- If the resident wishes to pursue this aspect of the complaint, he should first raise his concerns with the landlord through its internal complaints procedure.
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Complaint |
The handling of the house fire including associated expenses, repairs, and communications |
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Finding |
Service failure |
- The resident told us his health has been impacted by the landlord’s handling of the events referred to in this complaint. It would be fairer, more reasonable, and more effective for the resident to make a personal health claim for any impact caused. The courts are best placed to deal with this type of dispute as they will have the benefit of independent medical advice to decide on the cause of any impact and how long it will last. We’ve not investigated this further. We can however decide if the landlord should pay compensation for any landlord failures causing distress and inconvenience to the resident.
- The tenancy agreement sets out the repair responsibilities of both the landlord and the resident. In the event of a fire, it is the landlord’s responsibility to make a claim under its building insurance policy. This insurance claim falls outside the scope of our investigation because it is not considered a housing activity. However, we can review and assess the landlord’s communication with the resident throughout these events.
- The resident complained to the landlord about poor communication, particularly regarding updates on repairs following the fire. The landlord issued its stage 1 response in May 2024, stating that it had reviewed its correspondence from July 2023 to May 2024. It acknowledged that, although there had been regular communication, there were delays and its responses were reactive rather than proactive. The landlord apologised for these failures and committed to improving communication in the future.
- While it was positive that the landlord recognised its shortcomings, it did not acknowledge the impact on the resident, who was often left uncertain about the status of the property. This lack of recognition was inappropriate and caused the resident distress and inconvenience.
- The landlord did not address the communication aspect of the complaint at stage 2, likely because the resident did not pursue this issue further. Nevertheless, the landlord had already acknowledged its communication failures but did not recognise the adverse impact these failures had on the resident. For these reasons, we have made a finding of service failure and ordered the landlord to pay the resident £200 in compensation, given that the issues persisted for approximately 10 months. This amount is consistent with our compensation guidance where there has been adverse impact caused to the resident.
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The resident’s reports about damaged personal possessions |
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Finding |
Reasonable redress |
- The landlord’s repairs handbook advises tenants to obtain home contents insurance to protect their personal belongings. This position is also communicated on the landlord’s website. Additionally, the landlord partners with an insurance provider to offer contents insurance, giving tenants the option to take out cover with flexible payment instalments.
- The resident asked the landlord to contribute towards the cost of his personal possessions damaged in the house fire. He also reported that the landlord’s removal company had caused damage to his furniture.
- In its stage 1 response in May 2024, the landlord advised the resident to submit a claim through his contents insurance. This initial response to the report of fire-damaged items was appropriate.
- The resident informed the landlord that he did not have contents insurance and escalated the complaint. In its stage 2 response in July 2024, the landlord reiterated that it was not responsible for replacing personal possessions damaged in the fire. It acknowledged, however, that its communication on this issue could have been clearer.
- As a gesture of goodwill, the landlord agreed to replace the floor coverings. This response demonstrated a human-centred approach, recognising the resident’s distressing circumstances. Overall, the landlord acted reasonably.
- The landlord informed the resident that the company used for the removal was not a professional removal firm. It apologised for any damage caused to his belongings and awarded £200 compensation, covering both the damaged items and the distress and inconvenience experienced.
- The extent of damage to the resident’s furniture is unclear. The landlord reported that the resident had provided photographs showing “minor scuffs, dirty marks, and general wear and tear”. The landlord told us that in these circumstances it would normally arrange cleaning and repairs of damaged items where possible. However, the resident had disposed of most of the damaged items, so it could not inspect them. As a result, the landlord agreed to pay £200 compensation, which it considered proportionate to the anticipated costs of cleaning, repairs, and the distress and inconvenience caused.
- In these circumstances, while the landlord’s approach was reasonable, we cannot assess the level of compensation it offered for damaged items as we do not have the evidence. Neither would it be appropriate for us to investigate this aspect of the complaint as it is more appropriate for this to be dealt with through the landlord’s public insurance. However, we recognise the landlord’s positive attempts to resolve the matter and for these reasons we have found reasonable redress in its offer of compensation in relation to the distress and inconvenience caused to the resident.
- We have recommended that the landlord provide the resident with advice on whether he can submit a claim under its public liability insurance.
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Repossession of the property |
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Finding |
Outside jurisdiction |
- The resident has raised a complaint to us about the landlord’s handling of its decision to seek possession of the property. The landlord has not had the opportunity to investigate this aspect of the complaint through its complaints procedure. We have no power to investigate complaints which the landlord has not had chance to put things right first.
- If the resident wishes to pursue this aspect of the complaint, he should first raise his concerns with the landlord through its internal complaints procedure.
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The resident’s request to stay at the temporary accommodation |
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Finding |
No maladministration |
- The landlord’s decant policy applies in situations where a property requires major works, demolition, or in emergencies where the property becomes uninhabitable.
- The policy also addresses cases where a temporary decant may become permanent, for example, “if the extent of works required is so great that the landlord deems it appropriate to sell the property.” However, the landlord does not consider it appropriate to use the decant process as a way for tenants to move permanently for reasons other than those identified as grounds for decanting.”
- The resident asked the landlord if he could remain in the temporary accommodation permanently, explaining that this would be better for him and his family due to ongoing neighbour issues at his original property. The landlord refused the request, stating that it intended to seek repossession of the permanent home because of cannabis cultivation. For this reason, it could not agree to the resident’s request.
- The resident remained dissatisfied with the landlord’s response. In its stage 2 reply in July 2024, the landlord explained that it had consulted its solicitor and confirmed that, given the circumstances and its intention to seek repossession of his permanent home, it could not agree to the resident’s request.
- The landlord informed the resident that the property was ready to move back into around mid-August 2024. It told him it would allow time to organise the move until 2 September 2024, giving him 3 weekends. The resident asked the landlord for more time, however the landlord refused the resident’s request. It is unclear on the reasons for the refusal so we cannot make a finding on whether the landlord’s response was appropriate in the circumstances. However, the landlord does have wider resource implications in relation to managing empty homes and this along with the resident’s individual circumstances would need to be factored into its decision making in relation to the move.
- Overall, the landlord’s response to the resident’s request to stay at the temporary accommodation was appropriate and in line with its decant policy. Therefore, we have found no maladministration in the landlord’s handling of the resident’s request to remain in the temporary accommodation.
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Conduct of staff and the resident’s report of landlord discrimination |
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Finding |
No maladministration |
Conduct of staff
- The resident complained that a staff member was “rude” during a telephone call. The landlord investigated the complaint and confirmed that it had spoken to the staff member, who denied the allegation. It reviewed the written correspondence between the resident and the staff member and found the tone and professionalism to be appropriate. The landlord explained that it could not review the call itself because it was not recorded. The landlord’s response was appropriate in the circumstances.
Report of landlord discrimination
- We cannot find a landlord has breached the Equality Act 2010. However, we can decide whether a landlord failed to take account of its duties under the Equality Act and followed its own related policies and procedures.
- It is unclear what the resident’s discrimination allegations were based on, however, he felt he was being unfairly treated based on his disability. It appears this related to the landlord initiating repossession proceedings on his permanent home.
- The landlord informed the resident that it had not discriminated against him on the grounds of disability, and its response had been fair and proportionate in relation to its intention to seek possession of the property. It acknowledged a complaint-handling failure, noting that any complaint involving discrimination should have been managed by a senior manager, however, it was clear that this did not affect its overall finding.
- We have reviewed the resident and landlord communications and all evidence presented to us. We have seen no evidence to support the resident’s claim of landlord discrimination. Overall, the landlord’s response to the conduct of staff and landlord discrimination was appropriate. We have therefore found no maladministration.
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The complaint |
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Finding |
Reasonable redress |
- The resident raised a complaint on 10 May 2024. The landlord acknowledged it on 14 May 2024 and issued its stage 1 response on 28 May 2024. This did not comply with the Complaint Handling Code (the Code) which requires landlords to log and acknowledge a complaint within 5 working days and provide a full response within 10 working days. The landlord recognised these delays, apologised, and offered the resident £100 compensation. We consider this an appropriate remedy to put things right.
- The resident escalated his complaint, which the landlord acknowledged around 29 May 2024. The landlord issued its stage 2 response on 2 July 2024, slightly exceeding the 20-working-day timeframe set out in the Code.
- Overall, we consider that the landlord recognised its delays and provided reasonable redress by apologising and offering the resident £100 for its failures in its handling of the complaint.
Learning
Communication
- The landlord should review the complaint to identify and implement communication improvements alongside our Spotlight report on repair and maintenance – repairing trust May 2025).