All Case Studies

Decant Process & Major Works (December 2024)

Summary

A leaseholder raised concerns about the handling of his decant and major refurbishment works. The resident was temporarily moved out in 2016 under a court injunction to allow for the refurbishment works to be carried out. He later disputed the process, stating he was not properly consulted and that his property had been altered without consent. Additionally, he raised fire safety concerns and sought financial compensation instead of returning to the refurbished flat.

The Ombudsman reviewed the case and determined that:

• the decant process was lawfully carried out following two independent reports that deemed it necessary for health and safety reasons
• the resident was represented by legal counsel during the court proceedings, where terms—including financial support for alternative accommodation—were agreed upon
• we kept the resident informed throughout the project with updates and correspondence regarding interior options
• the complaint regarding major works was made significantly after the 12-month time frame required for formal disputes

Outcome

The Ombudsman ruled that the decant process and major works were outside its jurisdiction due to prior court involvement and the time elapsed since the works began. It acknowledged that Poplar HARCA had made reasonable efforts to communicate with the resident.