Abuse of Power and Authority by Landlords + vulnerable tenants

Our ref: F0003554

Dear Ms R

Thank you for email of 3 January addressed to this Department’s
‘Contactus’ email account. Under the Freedom of Information Act 2000
you asked the Department to give details of why Family Mosaic is allowed
to call in the dangerous crime squad on its tenants.

I am writing to advise you that I am unable to provide you with the
information you asked for as Communities and Local Government does not
hold any information relating to the specific case that you raised.
However, I am able to provide more general background which you might find
helpful.

Housing associations such as Family Mosaic that are registered with the
Tenant Services Authority (TSA) are known as Registered Social Landlords
(RSLs). The TSA was launched on 1 December 2008 and has taken over the
regulatory powers of the Housing Corporation. The TSA is continuing to
use the regulatory framework as set out in the Regulatory Code and
guidance established by the Housing Corporation.

RSLs are independent not-for-profit organisations responsible for their
own aims, objectives, performance and management. As such, neither
Ministers nor officials are able to intervene in their day to day
activities. This Department sponsors the TSA to regulate RSLs in England
to ensure they provide decent homes and services for tenants and that they
are properly managed. RSLs must meet existing eligibility and
registration criteria, and they must then demonstrate ongoing compliance
with the Regulatory Code and guidance in respect of their financial
viability, governance and management.

Part of the Regulatory Code requires all RSLs to have in place an
appropriate procedure for dealing with formal complaints. Therefore, if
you are not happy with any of the actions of your landlord, then it is
open to you to consider contacting its complaints officer with regards to
making a formal complaint. I attach a copy of the booklet "Putting things
right" which you may find useful.

If, having completed this process, a tenant is not happy with the outcome
then their next course of action would be to refer their complaint to the
Housing Ombudsman Service. I attach a booklet that explains the
Ombudsman's scheme and provides their contact details.

When investigating a complaint, the Ombudsman is concerned to establish
whether the member landlord has been responsible for maladministration.
This may include failure to apply its own procedures or to comply with any
relevant legal obligations and codes of practice, unfair, unreasonable,
negligent or incompetent behaviour, or having treated the complainant
personally in a heavy-handed, unsympathetic or inappropriate manner. The
Ombudsman will determine whether a complaint falls within his remit and
can be investigated.

Communities and Local Government as an organisation aims to be as helpful
as possible in the way it deals with requests for information under the
Freedom of Information Act 2000 and the Environmental Information
Regulations 2004. If, however, you are not satisfied with the way in which
your request has been handled or the outcome, you may request an internal
review within two calendar months of the date of this letter. Information
about the Department's review procedures and how to apply for an internal
review of your case is contained in the attached leaflet. This also
explains your right to apply directly to the Information Commissioner for
a decision in the event that you remain dissatisfied following the
authority's review

I hope you find this information helpful.

Yours sincerely,

Alec Taylor

Affordable Housing Division

Department for Communities and Local Government

[email address]

<<Putting things right - TSA.pdf>> <<HOS_Leaflet.pdf>> <<IR Leaflet.doc>>

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