Page 38 - Solving Housing Disputes

2.48 However, it is important to acknowledge the likely extent of digital exclusion
within housing disputes. Notwithstanding adjustments to assist people with
digital processes, traditional methods must be maintained. Over the phone,
paper based, and face-to-face methods for approaches and initiation of
disputes to the HDS must be available for those who are digitally excluded.

Staged approach to dispute resolution

2.49 The HDS takes a staged approach to dispute resolution, explored in further
detail in the following sections:

(a) Stage 1: holistic, investigative, problem-solving stage;
(b) Stage 2: interim assessment;
(c) Stage 3: facilitated negotiation/ADR stage; and
(d) Stage 4: adjudication.

Stage 1 – investigative stage

2.50 On receipt of a complaint at Stage 1, the HDS would take an investigative
approach to assemble all the materials, whether factual, legal or
administrative, necessary to make a holistic assessment of the housing
relationship. This would necessitate fact-finding of its own volition, for
example, procuring information about the state of the property, arrears owed,
availability of benefits and compliance with safety and other contractual and
84
regulatory requirements. This may expand the number of parties involved: a
local authority may become involved if matters within its purview are
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identified, such as health and safety hazards, anti-social behaviour or
unlawful conduct such as harassment . This could be done over the phone, or
digitally through online exchanges between the HDS and participants. Where
vulnerability or digital exclusion is in issue, face-to-face interviews will be
necessary, and participants should have the option of selecting their preferred

contact between the HDS and the parties, the HDS should make inquiries as to whether vulnerability is
in issue, including whether digital assistance is necessary.

84 Such as deposits, information required to be sent to tenants at the commencement of tenancy such as
the How to Rent booklet; gas safety certificate, energy performance certificate. See generally s.21A,
Housing Act 1988; Assured Shorthold Tenancy Notices and Prescribed Requirements (England)
Regulations 2015/1646.

85 This could even bring in the local police.

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