Vivid Housing Limited (202310709)

REPORT

COMPLAINT 202310709

Vivid Housing Limited

12 March 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:
1. The landlord’s handling of the resident’s request to move.
2. The landlord’s handling of the resident’s complaint.

Background

The resident had an assured tenancy agreement at the time the complaint was made. The property is a two bedroomed maisonette. The resident’s son has attention deficit hyperactive disorder (ADHD) and her daughter is autistic.
The resident told the landlord on 8 March 2022 that they needed to move to a bigger property. She provided the landlord with supporting documentation on 9 March 2022 confirming her children’s health conditions. The resident told the landlord her daughter struggled to sleep, and this affected her son’s well-being and education.
A management move report was completed by the landlord on 1 April 2022 and it was recommended the family were moved to a 3-bedroom property in the nearby area for medical reasons.
The landlord told the resident on 11 May 2022 that they did not meet the criteria for a management move. It advised the resident to contact the local authority as it had a duty to investigate whether the family were overcrowded.
The resident made a complaint on 29 May 2023. She said the landlord agreed to move the family in October 2022 and they were advised it would take between 3 and 6 months for alternative accommodation to be found. The resident also noted they were told in December 2022 that a property had been found and they would be moving in January 2023. The resident said the landlord had lied about the alternative accommodation given no offer was made. The resident noted the overcrowding was affecting her children’s well-being.
The landlord issued its stage 1 complaint response on 2 August 2023 and said:
1. The resident made an application to be rehoused in April 2022, but this was refused given the local authority had a duty to re-house the family.
2. It reviewed this decision in September 2022 and it was agreed the resident could move under the landlord’s management move procedure. The resident’s application was backdated to April 2022 and they were placed in band B.
3. Whilst it could have been clearer with the resident about the length of time it would take for the family to be rehoused, no timescales were guaranteed.
4. The resident agreed to widen their choice of areas following contact from the landlord on 29 June 2023.
5. The resident was 10th on the list for the type of property they wanted, but this could be subject to change given residents with a higher band were allocated properties first.
6. The resident should continue to bid for properties on the council’s waiting list and consider a mutual exchange.
7. It would monitor the situation every 3 months to ensure the resident’s application was up to date.
8. It had learnt from the resident’s complaint and had changed its procedures to ensure it explained the process to residents who were accepted onto the landlord’s rehousing list.
The resident escalated their complaint on 3 August 2023. They said the member of staff had lied to them about their rehousing prospects.
The landlord issued its final complaint response on 18 September 2023 and said:
1. Whilst it was regrettable that a member of staff may have given the impression the family would move sooner, no errors were found in the processing of the resident’s management move.
2. It had learnt from the complaint and would ensure members of staff did not give timescales on when moves would take place in the future.

Post complaint events.

The resident was offered and accepted an offer of accommodation from the landlord in November 2023.
The landlord told the resident on 13 May 2024 that it had identified failings in its complaints handling. It offered the resident £400 compensation. This was for failing to raise a complaint in June 2023 (£150), delays in escalating the resident’s complaint (£150) and failing to recognise the delays earlier (£100).

Assessment and findings

The landlord’s handling of the resident’s request to move.

It is not this Service’s role to determine whether the resident should be rehoused. We have, however, investigated the landlord’s handling of the resident’s request to move and whether it acted fairly, reasonably and in line with its policies and procedures.
The landlord’s lettings policy says it will:
1. Allocate its homes to residents nominated by the local authority or directly using its own letting criteria.
2. Provide alternative accommodation in exceptional circumstances in accordance with its management move procedure.
3. Encourage residents to move home through mutual exchanges in accordance with its mutual exchange policy.
The landlord’s management move procedure says residents will normally be signposted to the local authority if they wish to move. Management moves are considered by the landlord where a resident:
1. Is at risk of serious violence, stalking, cuckooing or domestic abuse.
2. Cannot afford their home and more suitable options are available.
3. Is under occupying their home and wants to move to smaller accommodation.
4. Needs supported or specialist accommodation.
Residents must provide evidence from partner agencies to support their application to move on management grounds. Request to move that do not fall within the above categories must be discussed with a manager. Residents who need to move on medical grounds are referred to the local authority.
The landlord’s management move procedure also says all possible options must be exhausted before a management move is considered, including mutual exchanges. In areas where the landlord’s stock levels are low, residents are encouraged to widen their choice of areas and to contact the local authority so that they can access a wider pool of potential properties.
The resident told the landlord on 8 March 2022 that her family needed to move to a bigger property. She said this was because her children shared the same bedroom and noted that her son had ADHD. The landlord advised the resident that she would need to register for rehousing with the local authority and asked her to provide documentary evidence to support her application. This was consistent with the landlord’s lettings policy and management move procedure.
The resident provided the landlord with copies of medical letters regarding her son and daughter on 9 March 2022. This confirmed her son had ADHD and her daughter was waiting for an assessment to be completed. The resident said her daughter struggled to sleep and this affected her son’s well-being and education.
The landlord told the resident on 31 March 2022 that it would submit a management move application even though it was still waiting for documentation from her. It agreed to visit the resident on 1 April 2022 so that she could sign the form. This demonstrated the landlord wanted to support the resident and was sensitive to her circumstances.
The management move form was completed by the landlord on 1 April 2022. The landlord’s actions were reasonable in the circumstances and demonstrated it wanted to put things right for the resident. It was recommended that the family were rehoused to a 3 bedroomed house.
The resident’s request for a management move was refused on 11 May 2022. The landlord said this was because the local authority had a duty to investigate her concerns regarding overcrowding. The resident was updated on the same day and she was advised to contact the local authority. It also said she could consider a mutual exchange. This was consistent with the landlord’s lettings policy and management move procedure.
The resident told the landlord on 23 May 2022 that the local authority had placed her application on hold. She said this was because it had suggested the living room was converted into a bedroom. She also noted the local authority said it would place her on the housing register if the landlord provided a letter of support.
The landlord wrote to the local authority on 7 June 2022 and asked it to review its decision. This demonstrated it was supportive and wanted to put things right for the resident. It also confirmed that it may not be possible to convert the property as suggested by the local authority. A copy of the letter was shared with the resident on the same day and the landlord provided her with details about the local authority’s allocations policy and bedroom standard. This confirmed the resident was eligible for a 3-bedroomed property. The landlord’s actions were reasonable in the circumstances.
The resident told the landlord on 21 July 2022 that she had been advised by the local authority that she was not entitled to ‘‘go on the priority move list.’’ The landlord responded on 24 July 2022 and advised the resident to approach the local authority again and ask for an explanation. This was reasonable in the circumstances and demonstrated the landlord was supportive of the resident’s request.
The resident asked the landlord on 1 August 2022 if it could reconsider its decision not to offer a management move. The landlord responded on 10 August 2022 and said the resident needed to provide supporting evidence if she wished to be considered for a management move. It would have been reasonable for the landlord to have confirmed what information was required given the resident had previously provided documentary evidence.
The landlord also said it was unlikely a management move would be agreed if the local authority had reviewed the evidence and decided not to place the resident in its highest rehousing band. This provided clarity and ensured the landlord managed the resident’s expectations. The landlord recommended the resident consider a mutual exchange. This was consistent with the landlord’s management move procedure.
The landlord reviewed its decision regarding the resident’s request for a management move in September 2022. It agreed to offer her a management move. Whilst a record of the decision was not shared with this Service, the landlord’s actions were reasonable and demonstrated it wanted to support the resident.
The resident asked the landlord for an update regarding her rehousing prospects on 28 December 2022. The landlord responded on the same day and said it hoped a property would become available in the next year. The landlord’s advice was reasonable given it would not have necessarily had available stock in the resident’s areas of choice.
The resident asked the landlord for a further update on 23 January 2023 and noted she had previously been advised the family would be moved within 6 months. The landlord responded on the same day and confirmed it could not give an accurate timeframe on when a property would become available. It said it could take between 6 months to 2 years, although in most cases it took less than 12 months to find a suitable property.
The resident asked for further updates on a number of occasions between February 2023 and May 2023. The landlord responded and confirmed no properties had become available and that it would contact the resident as soon as one did. The landlord’s actions were reasonable in the circumstances.
The landlord confirmed on 29 June 2023 that the resident was placed on the waiting list in April 2022 and was waiting for a 3- bedroomed house. It said the resident was 10th on the list, but this could be subject to change. This provided clarity and ensured the landlord managed the resident’s expectations. The landlord asked the resident to consider widening her choice of areas and queried if she had registered for rehousing with the local authority. This was appropriate. The resident agreed to widen their choice of areas on 17 July 2023.
The resident raised a complaint on 25 July 2023. She told the landlord on 1 August 2023 that it was taking too long to find a property. She said she was originally advised it would take 3 to 6 months and noted she was verbally offered a property in January 2023 but this was not progressed by the landlord.
The landlord issued its stage 1 complaint response on 2 August 2023. It said the resident’s initial request for a management move was refused because the local authority had a duty to rehouse the family. It noted this decision was reviewed in September 2022 and it had agreed to rehouse the resident through a management move.
The landlord acknowledged the comments made by the member of staff regarding waiting times and a potential property match in January 2023 could have been open to interpretation. It said it was sorry for this and noted that it had updated its procedure to avoid this happening again. The landlord’s actions were reasonable in the circumstances and demonstrated it took learning from the complaint.
The landlord also confirmed that it could take some time for a property to become available and noted that residents on the waiting list with a higher banding would be given priority. This provided clarity and ensured the landlord managed the resident’s expectations.
The resident told the landlord on 3 August 2023 that it had lied. She said she was told a property was due to become available in January 2023 and it would be offered to her family.
The landlord confirmed on 18 September 2023 in its final complaint response that it could find no errors in the way the resident’s request for a management move was processed. It noted the member of staff had said it could take as little as 3 months to find a property but this was not guaranteed. The landlord confirmed again that it took learning from the resident’s complaint and noted that its staff had been reminded not to give advice on when properties were likely to become available. It also said residents who were accepted for a management move were now sent a document setting out what to expect. The landlord’s actions were reasonable in the circumstances.
In summary, the landlord advised the resident to contact the local authority and completed a management move application. Whilst this was initially refused, it later reviewed its decision and agreed to offer the resident a management move. It also liaised with the local authority, took learning from the complaint and updated its procedures. In this case, there was no maladministration by the landlord in its handling of the resident’s request to move.

The landlord’s handling of the resident’s complaint.

The landlord’s complaints policy comprises of 2 stages. Personal contact is made with residents who make a complaint. This is done by close of business on the day after concerns are raised. A reply at stage 1 is issued within 10 working days. The landlord responds to escalations at stage 2 within 20 working days. If more time is needed, the landlord says it will contact the resident to advise them.
The landlord’s compensation policy says it will offer compensation where there has been a service failure. Awards up to £49 are made for poor complaints handling and where there have been minor delays in responding and the landlord has failed to provide the resident with an update.
The resident made a complaint on 29 May 2023. The complaint was not acknowledged until 31 July 2023 and the landlord did not make personal contact with the resident until 1 August 2023. This was not consistent with the landlord’s complaints policy.
The landlord issued it stage 1 complaint response on 2 August 2023. This was 46 working days after the complaint was raised and was not consistent with the landlord’s complaints policy.
The resident escalated her complaint on 3 August 2023. There is no evidence the landlord contacted the resident or acknowledged her complaint at this point. This was not consistent with the landlord’s complaints policy and meant the resident was not clear when she could expect to receive a response. She chased the landlord up on 31 August 2023.
The landlord responded on 4 September 2023 and said it would arrange to speak to the resident on 8 September 2023.
The landlord issued its final complaint response on 18 September 2023. This was 34 working days after the complaint was escalated and was not consistent with the landlord’s complaints policy. The landlord did not apologise for the delay in responding or offer any remedy. This was not in accordance with the landlord’s policy.
In summary, the landlord did not follow its complaints policy at times and there were delays in issuing its final complaint response. This caused the resident inconvenience.
The landlord’s offer of £400 compensation for its poor complaints handling cannot be considered reasonable redress. This is because the offer was made after the resident had exhausted the landlord’s complaints policy. In this case, there was service failure by the landlord in its handling of the resident’s complaint. However, no further compensation has been ordered given the landlord’s offer was significantly higher than what this Service would have expected in the circumstances.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its handling of the resident’s request to move.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in its handling of the resident’s complaint.

Orders

Within 4 weeks of the date of this report, the landlord is ordered to pay the resident the £400 compensation previously offered, if not already paid. This must be paid directly to the resident.