SPSO Individual Decisions

Miss C complained about the housing association. They were holding her responsible for works required to repair damage to the kitchen after she had exchanged her property with the tenant of another housing association. She disputed this as, a couple of months before she moved, her property had been inspected as satisfactory and approved for a transfer. On investigation, it became clear that the association had failed to follow their procedure for carrying out a final inspection. This did not take place until after the new tenant took up residence, meaning there was no evidence to prove who was responsible. We also found that the new tenant had signed a declaration accepting responsibility for all outstanding tenant repairs. As such, we found that Miss C should not be held responsible for the repairs and upheld her complaint. Miss C also complained about the standard of communication she received from the association regarding these issues. After reviewing the correspondence against all the evidence provided, it became clear that the association had made a number of statements that contradicted the evidence available. We also found instances where they had stated unsubstantiated third party information as fact, without giving Miss C the opportunity to respond. We also upheld this aspect of her complaint.

Ms C had a single bedroom tenancy. Her adult son had come to live with her in February 2013, while he was awaiting housing. Ms C wanted to move elsewhere, but did not want to immediately give up the tenancy, as she was taking up her new housing arrangement on a trial basis. She emailed the housing association in late April to ask if she could sublet to her son. A housing officer called her the same day and said that with her son resident she was creating an overcrowded situation, and that she would not be given permission to sublet. The housing officer followed this up by sending her son forms to update his housing application, and writing to Ms C saying that her son should leave within two weeks and make contact with the local council’s homelessness officer. Ms C then made a written request for permission to sublet the tenancy to her son and complained about the housing officer’s actions. This resulted in the association granting Ms C permission to sublet for a temporary period of four months, and apologising. Ms C sublet the house to her son and moved away. In August 2013 she told the association that she wished to terminate her tenancy and make her move permanent. She asked whether the tenancy could be assigned to her son. For this to be allowed, however, the association needed to establish that her son had lived there for six months. He had been asked for evidence, but had no documentary proof. Ms C supplied evidence that when her son came to stay with her she had told the council that she was no longer eligible for single person’s council tax discount, but the housing officer said that this did not in itself confirm her son’s residence. Ms C complained again. The chief executive responded to her complaint, and also invited her to withdraw her request to terminate the tenancy, so that she could ask for it to be assigned to her son. Ms C made three complaints to us about this. We did not uphold her complaints that the association had failed to foll