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London Borough of Waltham Forest (05A05092)

Managing tenancies & Housing benefit  Maladministration causing injustice

28 March 2006

‘Mr Lester’ complained on behalf of his elderly relative, ‘Mrs Holland’ (real names are not used for legal reasons). He alleged that the Council delayed unreasonably in transferring the tenancy to Mrs Holland following her husband’s death, and in reassessing her housing benefit claim. The tenancy matters are dealt with by ‘Ascham Homes’ on the Council’s behalf, and the housing benefit claim is dealt with by the Council. As a result of the delay, and the failure of the relevant departments to liaise effectively, Mrs Holland was shown as having rent arrears, for which Ascham Homes took recovery action. She was “shocked and distressed” to receive a notice of seeking possession in her deceased husband’s name. Mr Lester complained also about the Council’s delay in dealing with his complaint and in informing him how to pursue it through the procedure.

The Ombudsman found no significant administrative fault in dealing with the housing benefit claim itself, but there was a failure by the Revenues and Benefits Service and Ascham Homes to liaise effectively. Ascham Homes took far too long to amend the tenancy agreement, and failed to suspend rent recovery action pending the outcome of the tenancy transfer and the housing benefit claim. The Council also failed to deal properly with Mr Lester’s complaint. As a result of the maladministration, Mrs Holland was caused unnecessary worry and distress, and Mr Lester had to take time and trouble to deal with both the matter itself and the complaint. The Council accepts there were shortcomings and has agreed to amend its procedures.

The Ombudsman finds maladministration causing injustice and recommends that the Council should:

  • pay compensation of £300 to Mrs Holland;
  • pay £50 to Mr Lester in recognition of his time and trouble;
  • ask Ascham Homes to review how it deals with elderly and vulnerable tenants; and
  • send the Ombudsman a copy of Mrs Holland’s amended tenancy agreement.
     

Date Published: 20/03/09