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Social landlord criticised over eviction

Landlord Three Conditions Social Housing has been found guilty of ‘severe maladministration’ by the Housing Ombudsman.

The cause of complain was 3CHA’s handling of an eviction conducted without reasonable notice and in breach of its own policies.

A managing agent for the landlord had issued the tenant 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 although none 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.

Two reasons were given for her 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. 3CHA has subsequently said that the resident was within her rights to refuse access and the Ombudsman has 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’, said the Ombudsman.

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 is therefore responsible for the significant failure of the managing agent to treat the resident fairly.

‘I would urge the sector to revisit our Spotlight report on dealing with private freeholders and managing agents, where we set out a number of good practice recommendations.

‘I welcome the landlord’s response on its learning from this case and the changes being made to improve its service. I would encourage other landlords to consider the learning the case offers for their own services’.