Housing Ombudsman finds severe maladministration at exempt accommodation provider over significant failings leading to unreasonable eviction of resident
The Housing Ombudsman has found severe maladministration at Three Conditions Housing Association (3CHA) for how it handled a resident’s eviction, which caused her significant detriment after she was told she was being evicted immediately without reasonable notice and in breach of the landlord’s policies.
The finding raises further concerns about exempt accommodation, where particular issues have been raised in the Birmingham area, the Ombudsman claimed.
The background to the Ombudsman's investigation was that a managing agent for the landlord had issued the resident with an “Official Eviction Notice” asking her to leave her supported accommodation immediately otherwise further action would be taken by authorities.
It was said that this followed verbal and written warnings – none of which were presented to the Ombudsman. The notice was also against the landlord’s policy, in which evictions have to be signed off by a senior manager, a notice to quit be completed, and a reasonable 28 day period of notice given. “It is not clear any of this was completed,” the Ombudsman said.
Two reasons were given for the resident’s eviction, the refusal to let a gas engineer enter the property without a face mask because of the Covid-19 pandemic and service charge arrears. The landlord has subsequently said that the resident was within her rights to refuse access and the Ombudsman said it had seen no evidence of any arrears.
“Whilst the landlord acted appropriately by offering the resident an apology and giving assurances about the managing agent, the landlord’s responses did not adequately reflect the seriousness of its failings. The fact the resident was asked to leave the accommodation immediately also hampered her ability to challenge the eviction,” the Ombudsman said.
The landlord acknowledged to the resident it retained ultimate “responsibility” towards its residents, regardless of the fact the property was managed by the agent. The landlord was therefore responsible for the significant failure of the managing agent to treat the resident fairly, according to the Ombudsman.
3CHA said it has undertaken additional quality assessment reviews and property inspections with the managing agent, as well as monitoring its eviction approval process.
The Ombudsman ordered the landlord to strengthen its performance monitoring of the managing agent and to apologise and pay the resident £1,800 in compensation.
Richard Blakeway, Housing Ombudsman, said: “When we examined the relationship between landlords and managing agents, we found it was sometimes dysfunctional. This investigation demonstrates the detriment to a resident that can result from service failures and raises several significant concerns.
“We’re not the only ones concerned about the quality of supported accommodation, and we hope that some of the lessons from this case will drive improvements.”
The Ombudsman also found service failure for the landlord’s response to the resident’s concerns about staff conduct and the level of support offered, the compensation offered and the overall complaint handling.
3CHA said it had apologised to the resident and acknowledged the distress caused.
“Following the complaint, we undertook additional quality assessment reviews and property inspections with the managing agent for a period of six months. This included a review of any eviction action taken, support planning and paperwork and by speaking to residents,” it said, adding that the managing agent had taken on all recommendations and complied with reviews.
3CHA also said it had implemented the following with all of its managing agents:
- A quality check of support paperwork two months after move in and provision of feedback as appropriate
- Monthly resident satisfaction questionnaires completed by the housing association
- Monitoring of the eviction approval process
- A revised ‘How to complain’ poster for communal areas and resident information leaflet at sign up
- A revised managing agents' monthly report.
The housing association said it had also reviewed the Ombudsman’s Spotlight report Landlords’ engagement with private freeholders and managing agents.
“3CHA are committed to take action to ensure that we are meeting the recommendations and have completed the self-assessment to measure our progress,” it said.
Harry Rodd
