Section 5 - Complaint stages - Stage 3
Mandatory ‘must’ requirements
Code section 5.17
Code requirement
Two stage landlord complaint procedures are ideal. This ensures that the complaint process is not unduly long. If landlords strongly believe a third stage is necessary, they must set out their reasons for this as part of their self-assessment. A process with more than three stages is not acceptable under any circumstances.
Comply
No applicable.
Evidence, commentary and any explanations
There is no stage 3 process.
Code section 5.20
Code requirement
Landlords must confirm the following in writing to the resident at the completion of stage three in clear, plain language:
- the complaint stage
- the complaint definition
- the decision on the complaint
- the reasons for any decisions made
- the details of any remedy offered to put things right
- details of any outstanding actions
- details of how to escalate the matter to the Housing Ombudsman Service if the resident remains dissatisfied.
Comply
Not applicable.
Evidence, commentary and any explanations
There is no stage 3 process.
Best practice ‘should’ requirements
Code section 5.18
Code requirement
Complaints should only go to a third stage if the resident has actively requested a third stage review of their complaint. Where a third stage is in place and has been requested, landlords must respond to the stage three complaint within 20 working days of the complaint being escalated. Additional time will only be justified if related to convening a panel. An explanation and a date for when the stage three response will be received should be provided to the resident.
Comply
Not applicable.
Evidence, commentary and any explanations
Not applicable.
Code section 5.19
Code requirement
Where agreement over an extension period cannot be reached, landlords should provide the Housing Ombudsman’s contact details so the resident can challenge the landlord’s plan for responding and/or the proposed timeliness of a landlord’s response.
Comply
Not applicable.
Evidence, commentary and any explanations
Not applicable.