Stage 1 vs Stage 2 complaint: what is the difference and what happens next?

When you make a formal complaint to a housing association or council, you will hear the terms "Stage 1" and "Stage 2." Understanding what these mean, and what your options are at each stage, helps you use the process effectively, rather than getting stuck in it.

The short answer

Stage 1 is your first formal complaint. Stage 2 is an escalated review, usually done by a different and more senior person. If Stage 2 does not resolve the issue, you can take your complaint to the Housing Ombudsman. This two-stage process is required by the Housing Ombudsman's Complaint Handling Code.

The Housing Ombudsman's Complaint Handling Code

Since 2024, the Complaint Handling Code issued by the Housing Ombudsman Service has been mandatory for all social landlords in England. This Code sets out minimum standards for how complaints must be handled, including the timeframes at each stage.

The Code requires landlords to have a two-stage complaints process. You cannot skip Stage 1 and go directly to Stage 2 or to the Ombudsman.

Stage 1: the first formal complaint

At Stage 1, your complaint is considered by the landlord. Under the Code, they must:

• acknowledge your complaint within five working days
• provide a full written response within 10 working days

The response must address each point you raised. It must explain what the landlord will do and set out your right to escalate to Stage 2 if you are not satisfied.

If the landlord cannot respond within 10 working days, they must tell you why and give a new date. They cannot extend the deadline without telling you.

Stage 2: escalation

If you are not satisfied with the Stage 1 response, either because the repairs have not been carried out, the response was inadequate, or you were offered something that did not resolve the problem, you can escalate to Stage 2.

At Stage 2, your complaint must be reviewed by someone who was not involved in the Stage 1 decision. The response must:

• be provided within 20 working days
• address the points you raised at Stage 1
• explain what the landlord has decided and why
• set out your right to go to the Housing Ombudsman if you remain dissatisfied

As with Stage 1, any extension must be communicated to you.

What happens after Stage 2?

After a Stage 2 response, you can take your complaint to the Housing Ombudsman. You do not need to wait for anything further from the landlord.

The Ombudsman will look at whether the landlord followed its own policies and the Complaint Handling Code, and whether its decisions were fair and reasonable in the circumstances. The Ombudsman can order the landlord to pay compensation, carry out repairs, and improve its handling of complaints.

What if the landlord does not respond at all?

If your landlord fails to respond to your Stage 1 complaint within the required timeframe, you can ask the Housing Ombudsman to intervene. You do not have to wait indefinitely for a Stage 1 response before escalating.

The eight-week rule

The Ombudsman will also look at complaints that are more than eight weeks old and where there is no agreed resolution with the landlord. If the landlord has taken eight weeks or more since your Stage 1 complaint and the matter is still unresolved, you can go to the Ombudsman without needing to complete the full two-stage process.

Complaint vs legal claim

Using the complaints process does not prevent you from also pursuing a housing disrepair claim. In fact, the written record you create through the complaints process, the complaints, the responses, the timelines, is valuable evidence in a legal claim.

Many tenants find that a legal claim, or the prospect of one, moves things far faster than the complaints process alone.

What to do now

Write your Stage 1 complaint today. Keep it factual: what the problem is, when you reported it, what has and has not happened since. Send it by email to the landlord's designated complaints address. Set a reminder for 10 working days.

When should I contact Support for Tenants?

If you are stuck in a complaints process that is not resolving your housing problem, or if you want to know whether a legal claim might be a better route, call us on 0800 030 4669.

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

Sources

• Social Housing (Regulation) Act 2023 (legislation.gov.uk)

Related articles

• How to complain to the Housing Ombudsman step by step
• The 8-week wait: what to do during it