The Housing Ombudsman Complaint Handling Code: what it means for tenants

The Housing Ombudsman's Complaint Handling Code sets out the minimum standards that social landlords, councils and housing associations, must follow when dealing with complaints. From April 2024, the code became statutory: landlords are legally required to comply with it, and the Ombudsman has the power to investigate and require compliance. Here is what the code means for you as a tenant and how to use it.

What is the Complaint Handling Code?

The Complaint Handling Code is a set of rules produced by the Housing Ombudsman that tells social landlords how they must handle complaints. It covers:

• How a complaint must be defined
• The stages complaints must go through
• The time limits at each stage
• How landlords must communicate with complainants
• How landlords must record and learn from complaints

Before the code became statutory in April 2024, many landlords had complaint processes that fell far short of what tenants expected, delays, dismissal, and a failure to engage with the substance of complaints. The statutory code is designed to address this.

What must landlords do under the code?

Accept complaints: A landlord must have a clear complaints process and must not obstruct tenants from making a complaint. A landlord cannot tell you that something is "not a complaint" when it clearly is. If you are unhappy with a service the landlord has provided (or failed to provide), that is a complaint.

Two-stage process: The code requires a two-stage internal process:

• Stage 1: An initial response to the complaint, provided within 10 working days (with a possible extension to 20 working days where justified)
• Stage 2: If you are unhappy with the Stage 1 response, you can escalate to Stage 2. The landlord must provide a Stage 2 response within 20 working days (with a possible extension to 40 working days in complex cases)

Clear communication: At each stage, the landlord must set out what they have decided, why, and what remedy (if any) they are offering.

Reasonable remedies: The code requires landlords to offer appropriate remedies where things have gone wrong. This includes financial compensation where appropriate.

Self-assessment: From April 2024, landlords must annually self-assess their compliance with the code and publish the results.

How does this help me?

If your social landlord has failed to deal with a repair, damp, mould, broken heating, and you have made a complaint, the code gives you clear tools:

1. The landlord must respond within the time limits: If they do not, you can escalate.

2. If you are unhappy with Stage 1, you can request Stage 2: You do not need to accept an inadequate response at Stage 1.

3. After Stage 2, you can go to the Ombudsman: Once you have completed both internal stages (or if the landlord has failed to respond within the time limits), you can complain to the Housing Ombudsman. The Ombudsman will assess whether the landlord has handled the complaint in accordance with the code.

4. The code breach is itself evidence of poor practice: If a landlord has failed to follow the code, missed time limits, failed to provide a reasoned response, the Ombudsman can find maladministration on that basis alone, as well as on the substance of the underlying complaint.

What are the time limits in plain numbers?

If the landlord does not respond within these limits, write to them reminding them of the code requirement. If they still do not respond, you may be able to go straight to the Ombudsman.

How do I find out if my landlord has complied with the code?

Social landlords must publish their annual self-assessment on their website. You can look at this to see whether they have identified any areas of non-compliance and what steps they have taken.

You can also ask the Housing Ombudsman to investigate your landlord's complaint handling if you believe they have failed to follow the code.

When should I contact Support for Tenants?

If your social landlord has failed to deal with housing disrepair, damp, mould, broken heating, and you need help asserting your rights, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Housing Ombudsman Service
• Housing Act 1996 (legislation.gov.uk)

Related articles

• How to complain to the Housing Ombudsman, step by step
• Stage 1 vs Stage 2 complaint, housing
• Housing Ombudsman maladministration, what it means
• How to make a formal complaint to your landlord