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- Housing Ombudsman’s Wider Orders on Temporary Moves: What London Private Landlords Need to Know and Do Now
Housing Ombudsman’s Wider Orders on Temporary Moves: What London Private Landlords Need to Know and Do Now
The Housing Ombudsman’s wider orders following investigations into social landlords’ management of temporary moves expose critical failings and establish new standards. While focused on social landlords, private landlords—especially those managing HMOs or portfolios—must learn from these findings to improve policies, risk assessments, record-keeping, and resident communication. Implementing these changes helps avoid legal issues under Awaab’s Law and safeguards tenant wellbeing and landlord reputation.
Why the Housing Ombudsman’s Wider Orders Matter to Private Landlords
The Housing Ombudsman’s recent wider orders issued to social landlords Trident, Wigan Council, and Moat highlight systemic failures in managing temporary moves (decants)—including outdated policies, poor communication, and inadequate oversight. Though focused on social landlords, the principles and risks apply equally to private landlords, particularly those managing properties requiring temporary resident relocations during major repairs or refurbishments.
These orders underscore that temporary moves are not mere operational matters but important compliance and resident welfare issues. The Ombudsman stresses the need for clear, resident-focused policies, thorough risk assessments, robust record-keeping, and compassionate communication. Failure to comply can lead to serious reputational harm, complaints escalation, and potential legal breaches—especially under Awaab’s Law, which mandates timely resolution of hazards affecting habitability.
Key Failings Identified and Their Implications
- Outdated or Vague Temporary Move Policies: Lack clarity on process, timelines, and resident rights, increasing confusion and dissatisfaction.
- Poor Record-Keeping: Without detailed records of decisions, durations, and communications, landlords cannot demonstrate compliance or manage cases effectively.
- Inadequate Oversight and Accountability: Absence of designated roles or senior-level reviews leads to inconsistent handling and missed risks.
- Lack of Resident-Focused Communication and Support: Tenants often felt uninformed or unsupported during moves, exacerbating distress, particularly among vulnerable residents.
For private landlords, these failings can result in increased complaints, potential tribunal claims, and breaches of the Homes (Fitness for Human Habitation) Act 2018 and Awaab’s Law.
Practical Steps for Private Landlords: From Audit to Action
Whether managing a single property or a portfolio, reviewing your temporary move procedures is urgent. Follow this pragmatic workflow:
1. Audit Your Current Temporary Move Policies and Practices
- Review existing decant or temporary move procedures.
- Identify gaps in clarity, resident support, risk assessment, and record-keeping.
2. Update Policies to Reflect Resident-Focused, Comprehensive Standards
- Define clear eligibility criteria, decision-making processes, expected durations, and resident rights.
- Incorporate risk assessments evaluating move impacts, vulnerability, and health.
3. Assign Clear Roles and Oversight Functions
- Designate responsible officers, even for small portfolios, to oversee temporary moves.
- Establish routine senior-level reviews of ongoing moves.
4. Implement Robust Record-Keeping Systems
- Maintain detailed logs of decisions, communications, risk assessments, and follow-ups.
- Use digital tools or property management software to centralise records.
5. Train Staff and Agents
- Ensure understanding of updated policies, legal obligations including Awaab’s Law, and resident communication best practices.
6. Enhance Resident Communication and Support
- Provide clear written notices explaining reasons, timelines, and available support.
- Maintain regular, empathetic contact, particularly with vulnerable tenants.
7. Foster Cross-Team Collaboration
- Coordinate between property management, repairs, and compliance teams to manage decants smoothly.
Considering Different Landlord Profiles
- Single-Unit Landlords: Temporary relocations during major repairs still require clear communication and record-keeping to avoid disputes.
- HMO Landlords: Multiple residents increase complexity; risk assessments and tailored communication are critical.
- Portfolio Landlords: Formal policies and dedicated oversight roles become crucial as volume grows.
- Accidental Landlords: Seek professional advice to develop compliant temporary move processes.
Next Steps in the Coming Weeks
- Schedule a policy review meeting with your management team or agents.
- Conduct a gap analysis against Ombudsman recommendations and Awaab’s Law.
- Develop or update your temporary move policy within four weeks.
- Train relevant staff by quarter’s end.
- Set up a system for ongoing senior review and tenant feedback.
How Rentals & Sales Can Help
Our tailored portfolio reviews and compliance audits identify risks in temporary move procedures. We assist with policy updates, staff training, record-keeping implementation, and communication strategies that protect tenants and your reputation. Contact us for a consultation to ensure your properties meet evolving legal standards.
Compliance Disclaimer: This article is informational and not legal advice. Landlords should consult qualified professionals about compliance with Awaab’s Law, the Homes (Fitness for Human Habitation) Act 2018, and related legislation.
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