Clarion Housing Association Limited — case 202337420

Decision Case ID 202337420 Decision type Investigation Landlord Clarion Housing Association Limited Landlord type Housing Association Occupancy Assured Tenancy Date 12 March 2026 Background The resident’s tenancy was due to start on 21 November 2022 following a mutual exchange. On that day she contacted the landlord to report that the property was uninhabitable. The landlord moved her to temporary accommodation. On 2 May 2023 she moved to new permanent accommodation. What the complaint is about The complaint is about the landlord’s: Offer of compensation for its handling of the resident’s mutual exchange.

Handling of the associated complaint. Our decision (determination) We have found that there was: Reasonable redress in the landlord’s offer of compensation for its handling of the resident’s mutual exchange. Reasonable redress in the landlord’s handling of the associated complaint. We have not made orders for the landlord to put things right. Summary of reasons Compensation for failures in handling of the mutual exchange The landlord appropriately identified failings in its handling of the mutual exchange and its associated response.

It apologised and offered compensation in line with its compensation policy and our remedies guidance. Handling of the associated complaint The landlord’s complaint responses were delayed at both stages. However, it apologised and offered a proportionate amount of compensation to put things right. Putting things right Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.

Recommendations Our recommendations are not binding, and a landlord may decide not to follow them. Our recommendations Our reasonable redress finding for the landlord’s handling of the mutual exchange is dependent on it: waiving the £3,414.77 rent arrears if it has not already done so paying the resident, if it has not already done so: – £701 as offered in its stage 1 response – £400 as offered in its stage 2 response – £300 as offered in its letter to the resident of 5 November 2024 Our reasonable redress finding for the landlord’s complaint handling failures is dependent on it paying the resident £100 as offered in its stage 1 response and £50 as offered in its stage 2 response, if it has not already done so.

Our investigation The complaint procedure Date What happened 24 March 2023 The resident emailed the landlord to make a formal complaint. She said: its surveyor had confirmed the property was uninhabitable its housing officer had apologised for not carrying out essential checks before she moved in her daughter’s bike was stolen from outside the property because she could not return to bring it inside there was a delay in collecting the keys to the temporary accommodation her temporary accommodation was inconvenient because of its distance from her daughter’s school her temporary accommodation was cold and draughty due to issues with the windows her belongings left in the property were ruined and she could not afford to replace them she wanted compensation for the stress caused 25 April 2023 The landlord emailed the resident to acknowledge her complaint.

It provided further updates on 4, 11 and 17 May 2023 to say it was still investigating the complaint. 28 June 2023 The landlord issued its stage 1 complaint response. It: apologised for the delay in its response acknowledged it should’ve identified repairs prior to the mutual exchange said it had fed back to its housing team to consider if its officers needed further training on inspections acknowledged the distress and inconvenience caused said it could not look at stress and anxiety as part of the complaint signposted the resident to make a personal injury claim on its insurance agreed to waive rent arrears of £3,414.

77 offered £801 compensation comprised of: – £300 for not identifying issues with the property – £100 for its delayed complaint response – £200 compensation for the resident’s daughter’s bike – £201 reimbursement of energy credit 3 July 2023 The resident emailed the landlord to say she was unhappy with the amount of compensation offered. On 4 July 2023 she confirmed that she wanted to escalate her complaint. 18 July 2023 The landlord emailed the resident to confirm it had escalated her complaint and would respond within 20 working days.

14 September 2023 The landlord issued its stage 2 complaint response. It said: it was sorry for the delay in providing its response its neighbourhood officer had carried out a home visit on 20 July 2022 which noted the property had “slight damp” its overall rating showed that the property was in good condition and no further repairs were needed it had attended the property to carry out gas safety checks on the exchange date, but unfortunately a fault was found it calculated that the journey between the resident’s daughter’s school and temporary accommodation should take 40 minutes, which was in line with its policy it apologised for issues retrieving the keys for her temporary accommodation it had contacted the host of her temporary accommodation who resolved the issues with the windows it accepted that it did not keep the resident informed of progress of the works it also accepted that the time she spent in temporary accommodation was “excessive” it offered an additional £450 compensation comprised of: – £400 for the condition of the property – £50 delayed complaint response Referral to the Ombudsman On 15 February 2024 the resident submitted an online complaint to us.

She said she was seeking compensation for emotional distress and impact on her mental health. She also wanted compensation for damaged belongings. 5 November 2024 The landlord wrote to the resident to advise it had reviewed its response. It offered an additional £300 compensation for distress and inconvenience caused by its delays in resolving issues at the temporary accommodation. What we found and why The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed.

We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration. Complaint Compensation for its handling of the mutual exchange Finding Reasonable redress The landlord’s compensation policy says it will offer compensation of £700 or above where there was a significant and serious long-term effect on the resident, including physical and/or emotional impact. Our remedies guidance says compensation of £1,000 and above should be offered where there were serious failings by the landlord which had a seriously detrimental impact on the resident.

The landlord’s stage 1 complaint response of 28 June 2023 offered £701 compensation in addition to waiving the rent arears of £3,414.77. It appropriately set out the issues the landlord considered when calculating the compensation. Its offer was in line with its compensation policy and our remedies guidance. It also signposted the resident to make a claim on its insurance policy for a personal injury claim and/or damage to personal belongings. It’s appropriate for landlords to refer residents to their insurance provider where there is a question over liability.

Therefore, in this case, the landlord’s response was appropriate in the circumstances. On 3 July 2023 the resident emailed the landlord to say she was unhappy with the £300 offered for not identifying issues with the property. The landlord replied on the same day to say its decision to write off the arrears was also part of its compensation offer. It explained that although the resident had been moved to temporary accommodation she was still obliged to pay rent. However, in recognition of the circumstances it had decided to write off the arrears.

It reminded her that she could also make an insurance claim. Its response was reasonable because it clearly set out the reasons for its decision. The landlord’s stage 2 complaint response of 14 September 2023 identified additional failings. It acknowledged it did not proactively communicate with the resident. It also said it took too long to find new permanent accommodation. It therefore offered a further £400, bringing the total amount of compensation to £4,515.77. In a further letter to the resident dated 4 November 2024, the landlord offered a further £400 compensation for the issues with the temporary accommodation.

While this was positive, it was well over a year after its final complaint response. An internal email dated 27 August 2024 confirmed that the resident submitted an insurance claim. It said liability was admitted and its insurer was in the process of agreeing a settlement. We do not know the outcome of the settlement, but as the insurer is not a member of our Scheme, we could not assess it in any event. There were serious failings by the landlord which had a seriously detrimental impact on the resident because she was unable to move into the property.

It responded by moving her to temporary and then permanent accommodation. However, there were further failings, including delays with works, ineffective communication, and issues with the temporary accommodation. Our dispute resolution principles are to be fair, learn from outcomes, and put things right. The landlord was open and honest about its failures. It identified the relevant failures and considered them when calculating compensation. Its offer of compensation was in line with its compensation policy and our remedies guidance.

The amount offered was proportionate to the issues experienced by the resident. The landlord also appropriately identified learning to improve its service to residents. This investigation considers that while the landlord’s handling of the mutual exchange could reasonably have been improved, it has recognised the impact on the resident and has taken proportionate steps to put things right. As such, a finding of reasonable redress has been made in the circumstances. Complaint Handling of the associated complaint Finding Reasonable redress Our Complaint Handling Code (‘the Code’) sets out when and how a landlord should respond to complaints.

The landlord’s interim complaints policy in place at the time of the resident’s complaint said it would acknowledge complaints within 10 working days. It would then respond to stage 1 complaints within 20 working days and to stage 2 complaints within 40 working days of the complaint being logged. This was not compliant with the Code dated April 2022. However, we note that the landlord’s current complaints policy is in line with the statutory Code dated 1 April 2024. The resident made a stage 1 complaint on 24 March 2023.

The landlord acknowledged the complaint on 25 April 2023. This was 21 working days after the complaint was received and 11 working days out of time. The landlord provided 3 updates to the resident to apologise for the ongoing delays in its response. While this was positive, it failed to say when it would respond to manage her expectations. It then issued its response on 28 June 2023, which was 64 working days after the complaint was received and 44 working days out of time. The landlord appropriately apologised for the delay and offered compensation to put things right.

On 4 July 2023 the resident confirmed her request to escalate her complaint. On 18 July 2023 the landlord acknowledged the request in line with its policy. It provided its response on 14 September 2023, which was 52 working days after the complaint was received and 12 working days out of time. The landlord appropriately apologised for the delay and again offered proportionate compensation to put things right. This investigation considers that while the landlord’s complaint handling could reasonably have been improved, it has recognised the impact on the resident and has taken proportionate steps to put things right.

As such, a finding of reasonable redress has been made in the circumstances. Learning The landlord identified some learning in terms of property inspections prior to the date of exchange. We would suggest that it also reflects on its other failures to identify any other areas of learning to ensure they do not reoccur. Knowledge and information management (record keeping) The landlord provided appropriate records for the purposes of this investigation. Communication The landlord appropriately acknowledged that it did not update the resident regarding the progress of works.