It was easy to understand why the landlord had difficulty controlling the complaint. In that instance we recommended that the landlord introduce a special system for dealing with the case by informing the complainant that future complaints would be handled by one staff member. who would co-ordinate monthly responses to all the issues raised. This allowed the landlord to provide a reasonable standard of estate services while at the same time keeping to its complaints procedure. In another case, we found no merit in a complaint about a landlord’s failures relating to the replacement of kitchen units. However, we recognised that the complainant was unfairly treated through the landlord’s internal complaints procedure.
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Although we did not make a specific finding or order on this issue. we recommended that the landlord consider how it would manage its relationship with the complainant in future and ensure thorough and transparent handling of future complaints. Our investigations of the past year have shown that in some instances landlords need to consider the handling as well as the outcome of complaints. We expect all landlords to operate their complaint handling procedure consistently and fairly. However, we also think landlords are entitled to use their discretion to deal with complaints in a different way from that outlined in their procedure if circumstances merit it. To do so safely, the landlord’s policy or procedure needs to allow for such discretion.
The deviation and any other conditions should be explained to the complainant and the landlord must act consistently within the altered procedure. By definition, a landlord should only use its discretion to deal with a complaint differently in exceptional circumstances. Sometimes a landlord may decide to omit stages of the complaints procedure, for example where it considers a complaint to be frivolous, pursued unreasonably. We find that landlords are increasingly omitting the final stage of their complaints procedure.visit website to learn more.
Which is usually an appeal panel hearing, and advising complainants to come to us directly to investigate their complaint. This raises concerns in several areas. Good practice dictates that a landlord should offer the complainant the opportunity to present their case to an appeal panel at the final stage of the complaints procedure. This is a chance for an independent review of the landlord’s actions by a panel that should include members of the governing body. It is a misunderstanding of our role to imply that we are simply another stage in the landlord’s complaints procedure or that all complaints referred to us will be investigated.