RENTERS in social housing could be entitled to thousands of pounds in compensation over issues like leaks and broken lifts – but many are not aware of their rights.
There are basic regulations a landlord must follow, including carrying out repairs and ensuing energy and hot water supply.
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But some landlords are failing tenants, leaving them in poor quality housing.
If you’re privately renting and your landlord refuses to fix problems, you should report them to the council.
But if you’re a social tenant, you should complain to the Housing Ombudsman.
The Housing Ombudsman makes the final decision on disputes between residents and member landlords.
Membership is compulsory for social landlords – primarily local authority landlords and housing associations.
But some some private landlords are voluntary members.
Its decisions are independent and impartial and the service is free to use.
You could get compensation if your landlord fails to carry out repair work within a reasonable time.
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How much you’ll get will depend on the severity of the issue, time taken and other circumstances such as how vulnerable the resident is.
But you could get thousands of pounds in compensation.
For example, one young mum-of-three managed to get £3,000 in compensation after her landlord failed to fix her mould riddled home.
While another parent got £5,500 compensation after her house was invaded by slugs slithering up the walls.
We spoke to Housing Ombudsman Richard Blakeway to find out your rights in social housing – and how to lodge a complaint.
Right to repair
Social housing landlords must fix a repair within a set timescale.
This does vary from landlord to landlord, but most repairs fall into the following categories:
- Emergency – to been seen within a few hours.
- Urgent – a maximum of three to five days
- Routine – this can be a bit longer and usually varies between landlords
For example, a minor leak would be expected to be seen within three days, while major leak within a few hours.
It’s up to landlords to be clear with residents about these timescales, so they can be held accountable if they aren’t met.
Richard said: “We are seeing rising reports of disrepair in social housing with issues not being fixed or residents experiencing excessive delays.
“It is important that residents know that the Ombudsman can investigate and put things right.”
Neighbour problems
Problems with neighbours or anti-social behaviour can be some of the most difficult to deal with.
Many social housing residents may not know that these issues should be tackled by their landlord.
Landlords then have the power to bring in third parties such as the police to help.
Richard said: “Disputes likes noise nuisance can be complex and protracted and the Ombudsman can investigate to see if the landlord has taken residents concerns seriously and acted fairly.”
Charges
Charges are the services that residents get under a leasehold contract.
This can include a variety of things such as cleaning of communal spaces, replacing broken lights, as well as maintenance of lifts and key fob door access.
Richard said: “It is important residents get the service they pay for and are clear about what they’re being charged for.
“Where that doesn’t happen, the Ombudsman can step in and subsequently the court can decide on what the correct level should be.”
Heat networks
Landlords must work with energy providers to ensure that there is a reliable heating and hot water supply for residents.
Richard said the Housing Ombudsmen can investigate cases where this isn’t happening.
He said: “We can ensure landlords are accountable for their role alongside the energy provider.”
The Ombudsman said it has seen a significant increase in heating and hot water cases, with 1,600 complaints received in 2021/22 and 1,491 received up to February this year.
Estate management
Estate management includes things such as as cleaning and repairs of communal areas, boundary issues, grounds maintenance, parking, and the general use of communal areas.
If you don’t feel like your living environment is particularly well kept, you should first consult your tenancy agreement or lease to find out who is responsible for the issue.
If it’s the landlord’s responsibility, you should contact them to report the issue.
The tenancy should also set out a timescale for you to hear back.
You should keep a record of any communication, written or on the phone, that you have with your landlord.
If you don’t hear back, you can then make a formal complaint or contact the Housing Ombudsman.
Richard said: “Residents raise issues around cleanliness, maintenance and communal spaces and we can make sure that residents feel their estate is well maintained. This includes looking at pests inside the building as well as the wider estate.”
“Landlords have obligations to keep these spaces well maintained and clean so should be regularly visiting these areas to ensure they are up to standard.”
How to complain to the Housing Ombudsman
Before lodging a complaint with the Housing Ombudsman, you must first let your landlord know that something is wrong.
If you are unhappy with the way your landlord responds to the issue you should make a formal complaint.
Your landlord should respond to a formal complaint in writing.
If you don’t get a response to the formal complaint, you can send the ombudsman a copy of the letter, who then have the power to order a response from the landlord.
If you are unhappy after completing all stages of the landlord’s formal complaint procedure, you can refer your complaint to the ombudsman.
Once the complaint has been received, it will be reviewed and assessed.
But if you want to the complaint to be investigated, you must send it within 12 months of the landlord’s final response.
Once the issue has been investigated, the ombudsman will issue its findings – known as a determination.
This process varies on a case-by-case basis.
Any compensation is outlined in the determination, but this will vary depending on the circumstances of each case.
Meanwhile, if you’re a private renter, here are seven rules your landlord MUST follow.
Plus, thousands of renters could be entitled to 12 months’ refund – are you eligible?
Do you have a money problem that needs sorting? Get in touch by emailing [email protected]
