Page 21 - Solving Housing Disputes

The reality is that the HDS would take a number of years to achieve a
destination at which it is the sole dispute resolution body for housing, during
which time not only will it be desirable for other dispute resolution services
to be under ongoing improvement, but the continuing experiences of those
services will inform the development of HDS and vice versa.

2.13 We propose that, in its final form, the HDS take on housing disputes which
currently reside in the First-tier Tribunal (Property Chamber) (FTT (PC)), the
County Court and Magistrates’ Court, housing provider maladministration
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claims from redress providers, and the rent officer service. We also propose
that the HDS take on the dispute resolution function for pre-existing tenancy
deposit schemes. Finally, we propose that the HDS take on the function of
reviewing homelessness decisions under s.202 Housing Act 1996. These are
commonly referred to as internal reviews but there is power to externalise the
s.202 reviewing function and it is proposed that local housing authorities be
required to externalise the s.202 function to the HDS. The long-term desire is
to establish a single framework for housing dispute resolution, though we
recognise that the piloting of the HDS and the oversight by the HDEG will
tell us much about its efficacy and how pre-existing jurisdictions might evolve
in response. We propose that the use of HDS would become the mandatory
first step in the dispute resolution process.

2.14 The service would approach the relationship neutrally from the perspective of
all its aspects and parties, finding facts, applying the relevant regulatory
framework and/or any applicable codes of conduct and the law. It would
absorb other considerations, including the parties’ intentions in the conduct of
the dispute. Disputes would be resolved through a staged approach. Following
an investigation, there would be an initial and provisional assessment which
would include a preliminary view of what should follow from it in terms of
resolution, before what might be called an ADR stage and if need be,
concluded by final determination. Appeals from the HDS would be available
to a court or tribunal as of right. The intention is not to add a layer to the
resolution system but to substitute HDS for the FTT (PC) and DJ stage. That
being so, the HDS must be established as a powerful dispute resolution
service, capable of conducting dispute resolution, actively resolving

41 The Housing Ombudsman, the Property Ombudsman, the Property Redress Scheme and the housing
function of the Local Government and Social Care Ombudsman.

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