Housing Ombudsman’s Wider Orders on Temporary Moves: What London Landlords Must Do Now to Mitigate Risk

Why the Housing Ombudsman’s Wider Orders Matter to Landlords

In recent investigations, the Housing Ombudsman found significant failings in how three landlords handled temporary moves, also known as decants. These failings included poor policies, lack of oversight, inadequate communication, and failure to consider individual resident needs — all causing substantial distress for tenants. The Ombudsman’s wider orders require landlords to overhaul their temporary move procedures to prevent future harm and ensure fairness.

While these investigations focus on social landlords, the findings serve as a cautionary tale for private landlords and managing agents in London, especially those managing multiple units or HMOs where temporary moves may arise due to repairs, refurbishments, or compliance works.

What Are Temporary Moves and Why Are They High Risk?

Temporary moves occur when tenants must relocate temporarily, often within the same property or to alternative accommodation, while repair or improvement works take place. Poorly managed, they cause disruption, distress, and legal challenges, particularly for vulnerable residents. The Ombudsman highlights that failures in these processes can lead to complaints, reputational damage, and potentially costly legal disputes.

Key Failings Identified and Their Implications for Landlords

• Outdated or Inadequate Policies: Many landlords lacked clear, resident-focused policies on temporary moves, leading to inconsistent and unfair treatment.
• Poor Oversight and Accountability: Without dedicated roles or effective senior review, decision-making was flawed and unmonitored.
• Insufficient Communication: Tenants were not adequately consulted or kept informed, increasing distress and confusion.
• Lack of Individual Needs Assessment: Vulnerabilities and individual circumstances were overlooked, risking tenant wellbeing.
• Weak Record-Keeping: Poor documentation hindered transparency and complaint resolution.

For private landlords, replicating any of these failings, even inadvertently, elevates risk — operationally, financially, and reputationally.

Practical Steps for London Landlords: Risk Mitigation and Compliance

1. Review and Update Temporary Move Policies Immediately

   • Ensure policies explicitly address resident consultation, individual needs assessment, risk assessment, and clear criteria for when temporary moves should be considered.
   • Policies must be accessible and compliant with current housing law and best practice.

2. Assign Clear Accountability

   • Designate a named officer or team responsible for overseeing temporary moves, including risk assessments and record-keeping.
   • For landlords with smaller portfolios or single units, clarify who holds responsibility internally.

3. Implement Robust Record-Keeping Systems

   • Document reasons, duration, tenant communication, and decisions comprehensively.
   • Use digital tools or tenancy management software where possible to ensure audit trails.

4. Enhance Tenant Communication and Consultation

   • Inform tenants promptly about potential temporary moves, explaining the reasons, expected timeframe, and support available.
   • Provide regular updates throughout the process.

5. Train Staff and Agents

   • Ensure anyone involved understands the updated policies, the importance of empathetic handling, and legal obligations.

6. Audit Past Temporary Moves

   • Identify any prior issues or complaints that indicate system weaknesses.
   • Use findings to refine procedures and address any outstanding tenant concerns.

7. Improve Complaint Handling Procedures

   • Ensure complaints related to temporary moves are prioritised and responded to swiftly, recognising the heightened distress risk.

Considering Different Landlord Profiles

• Single-Unit Landlords: Even if temporary moves are rare, having a simple, clear plan and communication strategy is essential.
• HMO and Portfolio Landlords: High complexity and volume require formal policies, oversight roles, and strong documentation.
• Accidental Landlords: May need external advice or management support to implement these steps effectively.

Recommended Next Steps

• Schedule a policy review meeting within the next 2–4 weeks.
• Identify or appoint a dedicated officer/team if none exists.
• Conduct a training session for all relevant staff.
• Audit recent temporary moves and document learning points.
• Review tenant communication templates for clarity and empathy.
• Update complaint handling protocols with a focus on temporary move issues.

How Rentals & Sales Can Support You

Our expert team offers tailored portfolio reviews and compliance audits to identify risks and gaps in your temporary move policies and procedures. We can help you implement robust record-keeping systems, train your staff, and develop tenant communication strategies to meet Ombudsman standards and reduce risk.

Contact us to arrange a consultation and safeguard your portfolio against emerging compliance challenges.

Compliance Disclaimer: This article provides general information and does not constitute legal advice. Landlords should seek professional advice tailored to their specific circumstances.