Housing and Homelessness

This page contains information on:
Dealing with housing disputes
Allocations and transfers
Disrepair
Homelessness
Neighbour disputes
Planning disputes
Sheltered and retirement housing
Tenancy deposits
 

Dealing with housing disputes
When you are faced with a housing problem, the most important thing to do is to get some independent legal advice.

• Some problems are urgent - in particular, if you are at risk of losing your home because you are behind with your rent or your mortgage, then you need advice NOW. ADR is unlikely to be your first choice.
• Some problems are less immediate, and you may have more time to consider the best way to resolve your dispute. There are some ADR schemes available for some types of dispute - your adviser can help you think about the advantages and disadvantages of each option.

Generally speaking, there is currently not a wide range of ADR choices in most housing disputes. This page gives an overview of what is available in the UK, and tells you where to find out more.
 
If you have a housing problem, the independent Advicenow website will direct you to the best and most helpful information on the internet.
 
You can also go to Community Legal Advice, a government website where you can get information about a whole range of housing-related problems. For example, you can download a leaflet giving you advice on what to do if you are at risk of losing your home. You can also phone the Community Legal Advice helpline on 0845 345 4 345; you will be put straight through to a legal adviser for free telephone legal advice if you are eligible for legal aid.
 
If you want to know more about ADR options for problems with housing benefit, have a look at the Benefits page on this site.
 
For ADR related to mortgages and mortgage endowment policies, see Money and Tax.
top
 

Allocations and transfers
If you are unhappy with an offer of social housing made by your local authority or a housing association, there is often little you can do to challenge it. They may have their own review procedure, and if so, this is the first thing to try. It is worth getting advice on your case - it may be possible to challenge the local authority or the housing association if it has not followed its own allocation procedure properly. A legal adviser can help you consider whether to make an application to court, or whether it might be worth taking your complaint to an ombudsman scheme.
 
Ombudsmen can look at complaints about maladministration and service failure. If you want to know more about what this means, have a look at the What is maladministration? page on this site. Basically, the ombudsman can investigate problems such as delay, unfairness, or not properly applying policies and procedures. What an ombudsman can't do is take on a case where you are simply not happy with the accommodation you have been offered. Ombudsman schemes are free to use, but they are not usually very fast - if you have an urgent problem, this is unlikely to be the right option for you.
 
Find out more about the ombudsman schemes which can help:
Housing Ombudsman Service for housing association tenants in England
Local Government Ombudsman for local authority tenants in England
Scottish Public Services Ombudsman for all social housing in Scotland
Public Services Ombudsman for Wales for all social housing in Wales
top
 

Disrepair
If you have a problem with disrepair, the first thing to do is to contact your landlord, whether it is a local authority or a housing association. If the landlord does not sort out the problem, it's worth getting some legal advice from a CAB, housing advice centre, or Law Centre. Your adviser may be able to negotiate something with the landlord. If not, they may suggest going to court. Courts have the power to order landlords to carry out repairs, and also have clear guidelines about the appropriate level of compensation where repairs have been ignored. Courts nearly always award higher damages than you can get through arbitration or mediation schemes.
 
If the disrepair is for a small amount (less than £250) you may be able to use the Right to Repair scheme run by the Department for Communities and Local Government.
 
Pre-action protocols
Pre-action protocols are step-by-step procedures which must be followed before going to court. A pre-action protocol for housing disrepair cases came into force in December 2003, covering claims in England and Wales.
 
Before you make an application to court, the pre-action protocol requires you to tell the other party about the problem and state what you would like them to do to put things right. They then have a chance to reply, either agreeing with your claim, or giving you the reasons why they don't agree. Both of you also have to think about whether there is some form of alternative dispute resolution which could resolve the problem. If the case does go to court, and the judge thinks that you have not followed the protocol, you may face a costs penalty. ADR and the courts gives you more infromation about protocols.
 
The ADR procedures which you can consider as an alternative to court in disrepair cases are:

• adjudication and arbitration
• ombudsman schemes

Adjudication and arbitration
Some local authorities run adjudication or arbitration schemes to deal with complaints about disrepair. There is a profile of one such scheme, the Southwark Arbitration Tribunal, on this site. Adjudication and arbitration are similar, in that an independent person looks at the evidence from both sides, and makes a decision. In arbitration it is legally binding, and you can't then take the case to court. You can find out more about how arbitration works on the Arbitration page on this site.
 
The main aim of this sort of scheme is to get the repairs dealt with; compensation is a lower priority. Compensation levels tend to be lower than those awarded in the county court. The Housing Law Practitioners Association has noted that this is a particular disadvantage if you need a high level of compensation for medical ill-health resulting from the disrepair. On the other hand, the burden of evidence is much lower in adjudication and arbitration; you are not expected to produce detailed medical reports or other evidence, and the panel makes its decision on the 'balance of probabilities'. Another important advantage is time: arbitration hearings are usually held within thirty days of the application being made.
 
You should note that a court case in 2004 established that councils cannot compel tenants to use these schemes, even if they form part of the tenancy agreement.
 
Ombudsman schemes
As with complaints about allocations and transfers, complaints about disrepair can also be taken to the relevant ombudsman scheme.
 
An ombudsman scheme has two main advantages.

• The ombudsman staff will conduct a thorough investigation of what went wrong. You don't have to put together your evidence for a court or an arbitrator - the ombudsman will ask for the relevant files from the landlord, and take responsibility for getting all the information needed to make a decision.
• An ombudsman investigation can be particularly effective when a disrepair problem is a symptom of widespread failings in a local authority or a housing association. The ombudsman will usually propose changes to the whole system, as well as a remedy for the individual making a complaint.

But ombudsmen have disadvantages as well.

• Ombudsmen are not the best way to deal with urgent problems. Investigations usually take several weeks - for example, only half of all Local Government Ombudsman cases are completed within three months. Most disrepair cases taken to the ombudsman are about unreasonable delay in carrying out repairs.
• The amount of compensation recommended will depend on how serious the effects of the disrepair have been and how long the problem has gone on, but it is often lower than that awarded by the courts.

If you are trying to persuade a local authority landlord or housing association to take a complaint about disrepair seriously, it may be worth mentioning the relevant ombudsman scheme, or taking your complaint to the ombudsman directly. Many people find that a complaint that had been previously ignored is suddenly dealt with once the ombudsman becomes involved.
 
Find out more about the ombudsman schemes which can help:
Housing Ombudsman Service for housing association tenants in England
Local Government Ombudsman for local authority tenants in England
Scottish Public Services Ombudsman for all social housing in Scotland
Public Services Ombudsman for Wales for all social housing in Wales
 
A note on mediation
Recent proposals from the Law Commission have included suggestions that mediation would be a helpful way to resolve disrepair disputes. However, few mediation schemes offer mediation on housing disrepair at present, and the experience of advice agencies working in this area is that many landlords are reluctant to negotiate or mediate without the pressure of court proceedings.
top
 

Homelessness
If you are faced with the possibility of losing your home, you should get independent legal advice as soon as possible. There are some links to advice and information sites in the first section at the top of this page.
 
If you are looking for an ADR scheme to deal with a homelessness problem which is not urgent, there are two options you should be aware of.
 
Ombudsmen
If a local authority has not carried out its responsibility to house people appropriately, you can make a complaint to the relevant ombudsman. The most common complaints include:

• failure to take a homelessness application or make a decision
• failure to provide temporary accommodation where there is a duty to do so
• delays in the enquiry and decision-making process

Generally speaking, the ombudsman is not supposed to take on cases where you have an option to take court action, but does have discretion to carry out an investigation if it seems to be the best course of action.
 
The three ombudsman you should consider are:
Local Government Ombudsman in England
Scottish Public Services Ombudsman in Scotland
Public Services Ombudsman for Wales in Wales
 
Mediation
In recent years mediation schemes have been set up in most areas to try to help in cases where teenagers have become homeless, or are at risk of becoming homeless, because of a breakdown in communication with their families. Well-run schemes aim to get families talking to each other, and to explore whether it is possible for the young person to return home safely, or to stay at home, with some outside support. There is a profile of one such scheme, Alone in London, on this site.
 
However there can be a danger with homelessness mediation. Many of these schemes are funded by the local authority, and the local authority has a desired outcome - having the young person remain at home and off the housing waiting list - that potentially conflicts with mediation principles of independence and impartiality. Some schemes are funded independently - Alone in London, for example, is funded through central rather than local government - and young people have access to independent advice about their legal rights. In other schemes, the boundary between the role of the independent mediators and the local authority housing officers can become somewhat blurred. Assessments of whether a young person is in priority need for housing should be completed by housing officers, not by mediators, and things that are discussed in mediation should remain confidential to the family, not be reported to the housing department.
 
It is also worth being aware of a case decided in the appeal court in 2006, where a local authority used the offer of homelessness mediation to delay assessing a 17-year-old girl's housing needs until after her birthday. Once she was 18, the authority no longer had the responsibility for housing her. This tactical use of mediation was severely criticised by the court. There is a summary of the case on this site at Young people and homelessness mediation 2006.
top
 

Neighbour disputes
Disputes between neighbours can be difficult to deal with, and there are very few effective legal solutions. Mediation can provide a creative and valuable resource for dealing with poor relationships between neighbours.
 
If you have a dispute with your neighbour about noise, nuisance, boundaries, high hedges or low level anti-social behaviour, you can approach your local community mediation service. A mediator will discuss the problem with you, and if you would like them to, they will then approach your neighbour to give them a chance to tell their story. If both sides are willing, the mediator will set up a meeting to talk things through and try to negotiate a solution that everyone can live with. Community mediation is nearly always free to local residents. You can find out more about how it works, and how to locate a service, on the Community mediation page on this site.
 
Harassment or serious anti-social behaviour may need a more pro-active form of intervention. If you have been the victim of aggressive, threatening, or abusive behaviour, or if you are concerned about racial or sexual harassment, mediation may not be safe or effective. You will probably need protection and enforcement action from the local council or from the police.
 
If the neighbour you are complaining about is a council or a housing association tenant, then the landlord has a responsibility to respond to your complaint, whether or not you are also a tenant. Some landlords are better than others at dealing with this sort of problem. If the local council or housing association does not take steps to resolve the problem when you complain, you can complain about their failure to act to the appropriate ombudsman scheme:
Housing Ombudsman Service for housing association tenants in England
Local Government Ombudsman for local authority tenants in England
Scottish Public Services Ombudsman for all social housing in Scotland
Public Services Ombudsman for Wales for all social housing in Wales
 
You can get more information from the government leaflet on Neighbourhood and Community Disputes.
top
 

Planning disputes
Local authorities have their own complaint and appeal procedures for dealing with residents who are unhappy about planning decisions. However, there are three ADR options you should be aware of.
 
If you believe that there has been maladministration in the way the local authority has dealt with a planning application, and that this has caused injustice to an individual or to a group of individuals, then you can make a complaint to the relevant ombudsman scheme.
Local Government Ombudsman for local authorities in England
Scottish Public Services Ombudsman in Scotland
Public Services Ombudsman for Wales in Wales
For more information on what this means, have a look at the What is maladministration? page on this site.
 
If you are unhappy about the effect of a planning decision on your neighbourhood, or on your own property, you could consider trying Community mediation as a way of getting together with all the parties concerned.
 
If there are major social or environmental concerns about a planning application, which can often involve a variety of action groups and interests, the Environment Council has many years of experience of facilitation and consensus building in this area.
top
 

Sheltered and retirement housing
Age Concern and Help the Aged run an advice, information and mediation service, AIMS, for people living or working in sheltered or retirement housing. As well as advising on problems, AIMS can provide a mediator to try to resolve disputes. Common issues are:

• conflict between wardens and residents
• provision of services
• service charges
• neighbour disputes

AIMS tries to offer what it calls a 'holistic' service to tenants and leaseholders by offering advice and information and, where appropriate, mediation - although it is careful to separate the roles of adviser and mediator.
 
The Local Government Ombudsman and the Housing Ombudsman Service also deal with complaints about sheltered housing provided by local authorities and by registered social landlords.
top
 

Tenancy deposits
When you rent a property from a private landlord, you usually have to pay a tenancy deposit. When you move out at the end of the tenancy, this should be returned to you, less any deductions for damage to the property (aside from normal wear and tear). However, Citizens Advice has reported that nearly half of all private tenants have had problems getting their deposit back from the landlord, and only one in six get their money in the end (NACAB, Unsafe Deposit: CAB Clients' Experience of Rental Deposits, June 1998).
 
To deal with that problem, from 6th April 2007 it became compulsory for all landlords and letting agents who take tenancy deposits to protect deposits in one of three approved tenancy deposit protection schemes. Each scheme operates slightly differently, but all of them offer an independent ADR process for resolving disputes about deposits at the end of a tenancy. In each case, the ADR offered is a form of adjudication, where an independent adjudicator makes a decision about the case based on written evidence from each party.
 
Note that the schemes only apply to new deposits after April 6th 2007. If your tenancy was renewed after that point, you might be covered and should seek advice.
 
For tenancies after that date, if a landlord has not lodged the deposit with one of the schemes, s/he could be liable to pay the tenant three times the deposit in compensation.
 

 
You can find out more about how the three schemes work on the Tenancy deposit disputes page on this site.
top
 

September 2009