Ombudsman overturns 3 year old social housing allocation decision web

Mr X was the secure tenant of a council property which suffered from disrepair including a serious mice infestation. Mr X was so impacted by the disrepair, particularly the mice infestation that he resorted to sleeping in his car.  Mr X had also sought and been accepted for a management transfer due to his accommodation not being suitable due to his disabilities. The management transfer was however suspended after the council had served Mr X with a notice seeking possession.

Mr X instructed GT Stewart Solicitors (GTS) and the council accepted there was disrepair at the property and Mr X was moved to decant accommodation while they completed works. Representations were also made and as a result the council took no action following service of the notice seeking possession. The decant accommodation was more suitable for his disabilities compared to his previous home and we therefore requested on Mr X behalf asked the council if they would make a reasonable adjustment to their management transfer/decant policy and grant Mr X a permanent tenancy of the decant accommodation.

Following sending letter before action, the council agreed to treat the decant as a management transfer and Mr X signed a secure tenancy agreement for the decant accommodation. Furthermore, the council awarded Mr X compensation in excess of £16,000 for the damage and distress caused by the disrepair at his original home.