Livv Housing Group (202322800)
REPORT
COMPLAINT 202322800
Livv Housing Group
8 April 2025
Our approach
The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration,’ for example, whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.
Both the resident and the landlord have submitted information to the Ombudsman, and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.
The complaint
- The complaint is about the landlord’s handling of the resident’s agreed reasonable adjustment relating to its staff accessing his property.
Background
- The resident was an assured tenant of the landlord. The resident is registered blind, and the landlord is aware of this.
- On 2 October 2023, one of the landlord’s staff members and a surveyor visited the resident’s property. The landlord did not call the resident when its staff member and surveyor were on their way to the resident’s property, which was one of the resident’s agreed reasonable adjustments.
- On 2 October 2023, the resident submitted his complaint to the landlord. He explained on 2 October 2023 the landlord’s staff member and surveyor attended his property to carry out an inspection. However, he stated he did not receive a phone call from the landlord to let him know they were on the way to his property. The resident also explained the landlord’s staff member did not introduce the surveyor to him.
- The landlord provided its stage 1 complaint response to the resident on 16 October 2023. It explained it had spoken to its staff member who visited his property in October 2023. The staff member confirmed they came from another appointment and had not checked the notes recorded on the resident’s address. They also explained that the meeting was a joint visit with a surveyor, and they had not thought to introduce them. The landlord confirmed it had notes detailed on his account in relation to the reasonable adjustment. It apologised for the inconvenience caused and offered the resident £50 compensation.
- On 16 October 2023, the resident contacted the landlord and requested his complaint to be escalated to the next stage of the landlord’s complaints process. He stated he did not accept the landlord’s apology and said a telephone call prior to attending was needed for security reasons. The resident stated the landlord was legally obliged to adhere to access procedures. He also stated there had been previous occasions when the landlord had not adhered to his requirements.
- The landlord provided its stage 2 complaint response to the resident on 10 November 2023. It explained it had spoken to all housing advisors to remind them of the importance of reviewing the notes on residents’ accounts. However, it stated it would also remind all its colleagues and contractors. The landlord acknowledged the resident had complained to it several times about issues with it adhering to reasonable adjustments. The landlord confirmed it would like to make a further compensation payment of £250 to acknowledge errors had happened more than once. This offer was in addition to the compensation it offered the resident in its stage 1 complaint response.
- The resident remained dissatisfied with the landlord’s response and submitted his complaint to the Ombudsman. He stated his desired outcome was for the landlord to improve its services to ensure reasonable adjustments are adhered to in the future for all residents.
Assessment and findings
- The landlord’s resident handbook includes information about the landlord’s staff supporting residents in their home. The handbook explains that its housing advisors offer support residents who may need some additional support to maintain their tenancy. It also explains, if necessary, it will signpost a resident to other agencies to provide additional support, with the resident’s consent.
- Under the Equality Act 2010, a landlord is required to take positive steps to ensure disabled residents can access its services. It should make reasonable adjustments when disabled residents are placed at a disadvantage because of their disability compared to non-disabled residents.
- The landlord agreed as a reasonable adjustment to call the resident before visiting the resident’s property. The landlord provided supporting evidence to show that this adjustment was recorded on its system.
- Although the landlord acted appropriately by recording the adjustment on its system, on 2 October 2023, the landlord failed to follow the agreed adjustment when its staff member and a surveyor visited the resident’s property. However, the landlord did not call the resident when the staff member and surveyor were on their way to the resident’s property. The resident told the Ombudsman that the experience was stressful as he did not know who had attended his property. He explained it was a safety concern and stated that the landlord had also previously failed to adhere to his reasonable adjustments. The landlord’s failure to comply with the resident’s agreed reasonable adjustment was unreasonable. The Ombudsman recognises it must have been a very difficult experience for the resident.
- The landlord acknowledged in its stage 1 and 2 complaint responses that it failed to call the resident prior to attending his property. It confirmed that its staff member did not check the notes on its system for the resident before attending his property. The landlord apologised for the error and also offered the resident compensation to recognise the distress and inconvenience caused by the error. Initially, the landlord offered the resident £50 compensation in its stage 1 complaint response. However, it then offered the resident a further £250 compensation in its stage 2 complaint response to recognise that it had not adhered to the resident’s reasonable adjustments on more than one occasion.
- Overall, the landlord offered the resident £300 compensation. The amount of compensation offered was sufficient to recognise the distress and inconvenience caused by the landlord’s errors. The offer also complies with the Ombudsman’s approach to compensation set out in our remedies guidance (published on our website). The remedies guidance suggests awards of £100 to £600 where there has been a failure by the landlord, which adversely affected the resident, but there may be no permanent impact.
- The landlord also explained in its stage 2 complaint response that it had spoken to the staff member who attended the resident’s property without phoning him. It also confirmed it had spoken to its housing advisors to remind them of the importance of reviewing notes before attending a property. The landlord also stated it would remind other staff members and contractors of this. The landlord took appropriate steps by reminding its staff members about checking system notes.
- Since the resident submitted his complaint to us, the landlord has created a policy called treating customers with fairness and respect. The policy was created in September 2024 and provides a focus on residents with vulnerabilities or residents who may need additional support. The policy includes a section about reasonable adjustments. It is a positive step that the landlord created this policy and shows learning. It also recognises that the landlord should take the appropriate steps when considering reasonable adjustments in the future.
- Overall, the landlord took reasonable steps to address its error in not following the resident’s agreed reasonable adjustment. In addition, the compensation offer of £300 proportionately reflects the impact of the distress and inconvenience on the resident, and it amounts to reasonable redress in this case for its handling of the resident’s agreed reasonable adjustment relating to accessing his property. However, it is recommended the landlord carries out staff training on managing reasonable adjustments to help prevent future errors.
Determination (decision)
- In accordance with paragraph 53 (b) of the Housing Ombudsman Scheme, the landlord has made an offer of redress prior to investigation, which in the Ombudsman’s opinion, satisfactorily resolves the complaint about the resident’s agreed reasonable adjustment relating to accessing his property.
Recommendations
- It is recommended that the landlord pay the resident its original offer of £300 compensation made during its complaint process if it has not already done so. The Ombudsman’s finding of reasonable redress is based on the understanding that this compensation will be paid.
- It is recommended that the landlord carries out staff training on managing reasonable adjustments, to help prevent future errors in relation to agreed reasonable adjustments not being adhered to.