Citizen Housing (202317397)

REPORT

COMPLAINT 202317397

Citizen Housing

15 April 2025

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

1. The complaint is about:  
   1. The landlord’s handling of the resident’s reports of dangerous electrical wiring in his garden.
   2. The landlord’s request for access to the resident’s home to complete an electrical safety check.

Background

2. The resident has an assured tenancy agreement which he succeeded to in April 2012. The property is a 2-bedroom bungalow. There are no vulnerabilities recorded for the resident on the housing records.
3. The resident told the landlord on 20 April 2021 that there was a live electrical cable in his garden which ran from his neighbour’s home to an adjacent garage. The resident noted he had accidentally cut through the cable with a spade and been threatened by his neighbour.
4. The landlord arranged for an electrical engineer to visit the resident’s home on 23 April 2021. It was confirmed the electrical cable was owned by the resident’s neighbour, who was an owner occupier. It was also noted the power to the cable had been switched off. The landlord advised the resident on 24 April 2021 to contact the police regarding his reports of threatening behaviour by his neighbour.
5. The landlord told the resident on 26 April 2021 that it had passed his concerns about the electrical cable onto the local authority. It said it did this because the cable had been run across the public highway. It said the resident would need to contact the local authority for an update.
6. The landlord advised the local authority on 4 March 2022 that it had completed an inspection in the area and noted that the resident’s neighbour had run an electrical cable across the adopted highway into their garage. It said the cable looked unsafe and was not sure if the resident’s neighbour had been given permission to trail it across the local authority’s land. An update was provided to the resident on the same day.
7. The landlord contacted the resident on 30 April 2022 and said it needed access to carry out an electrical safety test. An appointment was arranged for 7 May 2022, but no access was gained. Further attempts to gain access were made between August 2022 and September 2023, but these were unsuccessful. This was because the resident did not provide access at the appointed time.
8. The resident raised a complaint on 9 October 2023.
9. The landlord issued its stage 1 complaint response on 20 October 2023 and said:
   1. The resident told the landlord in April 2021 that he had cut through an electrical cable whilst repairing a fence.
   2. It advised the resident on 26 April 2022 that it had referred the matter to the local authority as the cable was on its land. He should contact the local authority if he wanted an update.
   3. The resident should contact the police with regards to his reports of antisocial behaviour (ASB) given the neighbouring property was privately owned.
   4. It had not discriminated against the resident but was required to carry out electrical safety checks every 5 years in accordance with amended regulations which came into force in June 2020.
10. The resident escalated his complaint on 24 October 2023. He said the landlord failed to investigate all the issues he had raised. He told the landlord on 17 November 2023 it had failed to take action against his neighbour and was harassing him by requesting access to his home to complete the electrical safety check. He also confirmed the electrical cable had been removed.
11. The landlord issued its final complaint response on 20 November 2023 and said:
    1. It did not normally investigate complaints about issues which occurred over 6 months ago but had agreed to do so given it believed there were outstanding actions regarding the electrical cable.
    2. The resident told the landlord on 20 April 2021 that he had cut through an electrical cable that was in his garden. It did not know about the electrical cable until the resident raised concerns.
    3. A housing officer contacted the resident on 23 April 2021 and confirmed that an electrical surveyor would attend the resident’s home within 1 hour. This visit took place.
    4. A housing officer visited the resident’s home and reported their findings to the local authority. This was because the electrical cable was not in the resident’s garden but ran alongside the kerb and across the adopted highway into his neighbour’s garage. The resident was provided with an update at the time.
    5. It had not given permission for the electrical cable to be installed and it had since been removed.
    6. It was unable to take action against the resident’s neighbour because they were not a tenant. In cases involving threats of violence, residents were advised to contact the police. It would then liaise with the police regarding any further action.
    7. It carried out electrical safety checks of resident’s homes to ensure they met safety standards and regulatory requirements. These regulations changed in 2021 and it was now required to carry out safety checks every 5 years.
    8. The resident’s electrics were last checked in 2010 and were due to be checked again in 2020. Reminders had been sent to the resident requesting access to complete the safety checks since November 2020.

Post complaint events.

12. The landlord’s solicitor told the resident on 23 February 2024 that he was in breach of his tenancy agreement by failing to allow the landlord access to his home. It said it would consider taking legal action if access was not provided.
13. The resident told this Service the landlord had failed to acknowledge the electrical cable was in his garden and this had placed him at risk of been electrocuted. He also said the landlord was harassing him to gain access to his home to carry out an electrical safety check.

Assessment and findings

The landlord’s obligations, policies and procedures.

14. The resident’s tenancy agreement says the landlord is responsible for the structure and exterior of the property and all installations for the supply of electricity. The resident is responsible for providing access to his home so that the landlord can carry out inspections.
15. The Landlord and Tenant Act 1985 places a duty on landlords to ensure that electrical installations in their homes are safe when a tenancy begins and maintained in a safe condition throughout the tenancy. To ensure compliance with these duties, landlords are required to inspect and test the installations. The electrical safety council recommends electrical installations should be tested at intervals of no longer than 5 years from the previous inspection.
16. The landlord’s electrical safety policy sets out how it meets its regulatory obligations in relation to electrical safety. It arranges for electrical safety checks to be carried out on electrical installations in its properties every 5 years.
17. The landlord’s estate management policy guidance says it will inspect its estates regularly and deal with hazards promptly. Residents are told to report issues that are not the landlord’s responsibility to the relevant organisation. This includes the police and local authority.
18. The landlord’s ASB policy says the landlord works in partnership with the police and local authority to tackle ASB. Residents are referred to partner agencies if the alleged perpetrator is not a tenant of the landlord. Residents are told to report crimes to the police.
19. The landlord’s complaints policy comprises of 2 stages. Complaints are acknowledged within 5 working days and a reply at stage 1 issued within 10 working days. The landlord responds to escalations at stage 2 within 20 working days. If more time is needed, the landlord says it will contact the resident to advise them.
20. The landlord’s compensation framework says compensation will be awarded where a resident has suffered detriment, inconvenience or distress. Awards up to £250 are made where a resident has suffered no significant detriment.

The landlord’s handling of the resident’s reports of dangerous electrical wiring in his garden.

21. The resident told the landlord on 20 April 2021 that he had accidentally cut through a live electrical cable that was in his garden. He said the electrical cable belonged to his neighbour, who had threatened to issue him with a bill for repairing it. He noted he had contacted the police and asked the landlord if it had given his neighbour permission to run the cable through his garden.
22. There is no evidence the landlord acted on this information at this point. It would have been reasonable for it to have done so given the resident’s claims that there was an exposed live electrical cable in his garden and it had been damaged. The landlord’s lack of prompt engagement with a potential serious safety concern demonstrated a lack of concern for the resident’s safety.
23. The landlord did not confirm the electric cable was owned by the resident’s neighbour or the power supply had been switched off until 23 April 2021. Whilst the electrician did not confirm the location of the electrical cable, video footage taken at the time by the landlord and provided to this Service, confirms sections of the electrical cable dropped behind the kerb and were underneath the boundary fence inside the resident’s garden.
24. Whilst the landlord referred the matter to the local authority on 26 April 2021, there is no evidence it took any action regarding the section of electrical cable that was in the resident’s garden. It would have been reasonable for the landlord to have contacted the resident’s neighbour and required them to remove the cable. It was appropriate for the landlord to tell the resident he would need to report his allegations of harassment and intimidation to the police. This was consistent with the landlord’s ASB policy.
25. It is unclear from the housing records when the electrical cable was removed from the resident’s garden.
26. There is no evidence the landlord liaised with the local authority or took any further action until March 2022, when it undertook an estate inspection and noted the electrical cable ran across the neighbour’s garden and adopted highway into their garage. It told the local authority on 4 March 2022 that the cable looked unsafe and asked it to contact the neighbour.
27. The landlord provided the resident with an update on the same day and confirmed it could take no further action against his neighbour given they were not a tenant and the electrical cable was not on its land. This provided clarity and ensured it managed the resident’s expectations.
28. The landlord noted in its complaint responses that the electrical cable was not inside the resident’s garden, but on local authority land. Whilst this may have been correct at the time the complaint responses were sent; it was contrary to the video footage that was taken in April 2021 and demonstrated the landlord did not undertake a meaningful investigation into the resident’s concerns. The landlord’s failure to do this caused the resident time and trouble.
29. In summary, the landlord did not respond to the resident’s concerns about a serious potential safety concern in a timely manner. Whilst it informed the local authority about the electrical cable, it did not take any action itself to ensure the cable was removed from its land. This was despite having video footage which confirmed sections of the electrical cable were inside the resident’s garden.
30. The situation caused the resident distress and inconvenience. He told the landlord on over 5 occasions that the electrical cable was in his garden, but this was not acknowledged. In this case, there was maladministration by the landlord in its handling of the resident’s reports of dangerous electrical wiring in his garden, for which it is ordered to pay £150 compensation.

The landlord’s request for access to the resident’s home to complete an electrical safety check.

31. The resident has indicated that he considers that he has been subject to discrimination by the landlord. Although this Service is not able to make a legally binding decision as to whether discrimination has taken place (this would be for the courts to decide on), in this case we have investigated whether the landlord responded in accordance with its policies and procedures.
32. It is evident from the information provided that the landlord took steps to ensure that the electrical safety check was completed in line with its policy. It provided reasonable notice to the resident in the first instance and thereafter made numerous appointments to gain access to the property. It also explained the purpose of the inspection, discussed the resident’s concerns with him and reminded him of his obligations under the tenancy agreement to provide access. Moreover, the landlord provided clarification in its complaint responses on the changes to the regulations for electrical safety and noted it completed checks every 5 years. This provided clarity and was in accordance with its electrical safety policy.
33. In summary, the landlord had an obligation to complete an electrical safety inspection and made numerous attempts to gain access to the resident’s property. It explained the purpose of the inspection, noted the changes in regulations and discussed the resident’s concerns with him. In this case, there was no maladministration by the landlord in its request for access to the resident’s home to complete an electrical safety inspection.

Determination

34. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was maladministration by the landlord in its handling of the resident’s reports of dangerous electrical wiring in his garden,
35. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in its request for access to the resident’s home to complete an electrical safety inspection.

Orders

36. Within 4 weeks of the date of this report, the landlord is ordered to offer the resident an apology for the failings set out in this report. A copy of the apology letter must be shared with this Service.
37. Within 4 weeks of the date of this report, the landlord is ordered to pay the resident £150 compensation for the distress and inconvenience caused to the resident in its handling of his reports of dangerous electrical wiring in his garden. This must be paid directly to the resident.
38. Within 6 weeks of the date of this report, the landlord is ordered to review its approach to reports of health and safety concerns from residents, with a view to taking a more proactive approach to actioning identified issues. An update must be shared with this Service.