Housing Ombudsman Service: Post-Awaab Complaint Powers

The Housing Ombudsman Service (HOS) is the independent dispute resolution service for tenants and leaseholders of:

• Local authority landlords (statutory members).
• Housing associations (statutory members).
• Arm's Length Management Organisations (ALMOs).
• Private sector landlords who voluntarily join the scheme (a small number — most PRS disputes go to court or to a redress scheme like Property Redress Scheme).

The HOS covers complaints about:

• Disrepair and maintenance (the largest category).
• Anti-social behaviour management.
• Service charges and rent (jurisdiction limited).
• Aids and adaptations.
• Tenancy management — succession, transfers, mutual exchange.
• Complaint handling itself (how the landlord dealt with the original complaint).

It does NOT cover: court possession proceedings; rent levels (regulated by the Regulator of Social Housing); changes to the law; matters under live judicial review; private-tenant complaints against unregistered private landlords.

Section 10A of the Housing Act 1985 (inserted by the Social Housing (Regulation) Act 2023) creates "Awaab's Law" — statutory timescales for social landlords to investigate and remedy hazards. The regulations are phased:

• Phase 1 (October 2025): damp, mould, and excess cold hazards.
• Phase 2 (2026): a wider list of HHSRS hazards including structural collapse, electrical safety, gas safety, fire, water supply.
• Phase 3 (2027): remaining HHSRS hazards.

For each hazard, the regulations specify:

• Maximum time to investigate after a report (typically 14 days).
• Maximum time to complete emergency repairs after identifying a significant risk (typically 24 hours for life-threatening, 1 month for non-emergency).
• The landlord must keep the tenant informed at each stage.

The Housing Ombudsman is the primary enforcement route. Failure to meet Awaab's Law timescales is severe maladministration with compensation of £500-£5,000 routinely, higher for serious cases. The Regulator of Social Housing can also impose financial penalties of up to 10% of turnover for systemic failures.

Two-stage landlord process required first:

1. Stage 1 — write to the landlord setting out the complaint. They must respond within 10 working days under the Complaint Handling Code.
2. Stage 2 — if dissatisfied, request escalation. Stage 2 response within 20 working days.
3. End of internal process — you receive a final response or "deadlock letter".

Then refer to the Housing Ombudsman:

4. Submit the complaint at housing-ombudsman.org.uk/complaints. You can use the online form, post, or phone (0300 111 3000).
5. Initial assessment — the Ombudsman screens for jurisdiction and 8-week window expiry.
6. Investigation — Ombudsman investigator requests evidence from both sides, may visit the property, draft determination.
7. Determination — written decision with findings on each issue and any orders.

The 8-week rule: if the landlord has not given a final response within 8 weeks of escalation to stage 2, you can apply directly to the Ombudsman without waiting for the landlord's response.

The Ombudsman can find:

• No maladministration — the landlord acted reasonably.
• Service failure — minor failures that caused some impact.
• Maladministration — significant failure with material impact.
• Severe maladministration — serious failure with significant impact, often involving extended delays or vulnerable tenants. Strengthened category since October 2023.

Remedies include:

• Order to remedy the underlying problem (do the repair, complete the assessment).
• Compensation — typical range £100-£3,000; severe cases £3,000-£20,000+ (the highest recent award has been around £100,000 in extreme cases).
• Apology.
• Policy review and reporting back.
• Complaint Handling Failure Order — formal order requiring the landlord to comply with the Complaint Handling Code.
• Referral to the Regulator of Social Housing for systemic concerns.

Five things that strengthen a Housing Ombudsman complaint:

• Document the hazard or issue with dated photographs — before-and-after, at each stage. Photographs are the single most persuasive evidence.
• Record every contact — date, time, who you spoke to, what they said, what they promised. A chronological log carries great weight.
• Identify the specific failing — was the landlord too slow? Did they fail to investigate? Did they refuse to do works? Each different failure is investigated separately.
• Link to medical or other harm — for damp/mould cases, a GP letter showing health impact transforms compensation level. For ASB, a police diary of incidents.
• Reference relevant law and Codes — Awaab's Law if applicable, the Complaint Handling Code, the Decent Homes Standard. The Ombudsman investigator is bound by these and addressing them in your submission helps.