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One Vision Housing Limited (202306170)

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REPORT

COMPLAINT 202306170

One Vision Housing Limited

24 January 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 the landlord’s response to the resident’s concerns regarding the general condition and safety of the back garden.
  2. This Service has also considered the landlord’s handling of the complaint.

Background

  1. The resident has an assured shorthold tenancy with the landlord, which began on 9 July 2012. The landlord is a housing association. The resident lives in a 3-bedroom house. There are no known vulnerabilities.
  2. On 1 February 2023, the resident reported concerns to the landlord about the condition of the garden. The resident chased a response on 23 March 2023 and requested a surveyor visit due to her concerns about possible subsidence. It was not until 27 March 2023 that the landlord tried unsuccessfully to contact the resident by phone to inform them that the garden was their responsibility to maintain.
  3. The resident formally complained to the landlord by phone on 19 May 2023 and in writing on 22 May 2023. The resident was unhappy about having to cut down bramble bushes in their garden and explained this was not manageable due to bramble spreading from its roots. The resident also stated that the garden was sliding into the alley behind and needed making stable.
  4. The landlord acknowledged the complaint on 22 May 2023 and stated there was no subsidence issue. It issued a stage 1 response on 6 June 2023 in which it stated the resident was responsible for maintaining the garden in line with the tenancy agreement and did not uphold the complaint.
  5. The resident was dissatisfied with the landlord’s stage 1 response and asked to escalate the complaint on 23 June 2023. The resident again raised concern about possible subsidence. The landlord acknowledged the escalation request by phoning the resident on 27 June 2023 and inspecting the garden the same day. The landlord issued its stage 2 response on 3 July 2023.
  6. The landlord maintained its position regarding the resident being responsible for the upkeep of the garden. It provided a quote of £450 to clear the garden and remove the waste. It also offered a payment plan for this. The landlord did not respond to the issue of subsidence.
  7. The resident referred their complaint to the Ombudsman on 6 July 2023. The resident requested that the landlord clear the garden making good any resulting damage caused by bramble growth, investigate the issue of possible subsidence and pave the garden to make it usable. The complaint became one that this Service could consider on 1 March 2024.

Assessment and findings

Scope of investigation

  1. The resident says this complaint has impacted their mental health. The Ombudsman cannot conclude the causation of, or liability for, impacts on health and wellbeing. This is outside our jurisdiction, but consideration has been given to the general distress and inconvenience that may have been caused to the resident.
  2. In their written complaint dated 22 May 2023, the resident referenced raising the issue of brambles in their garden going back to when they moved into the property in 2012. The Ombudsman encourages residents to raise complaints with their landlords in a timely manner. As the issues become historical, it is increasingly difficult for either the landlord, or an independent body to conduct an effective investigation of the actions taken to address the reported issues. Therefore, taking into account the availability and reliability of evidence, this assessment will focus on the landlord’s handling of the events from 1 February 2023 to 3 July 2023, which is when the resident most recently raised the issue before complaining to when the landlord issued its stage 2 response.

Landlord’s obligations, policies and procedures

  1. Section 2, clause 3 of the tenancy agreement details the landlord’s obligations, ‘To keep in good repair the structure and exterior of your home’.
  2. Section 3, clause 10 of the tenancy agreement states it is the resident’s responsibility, ‘To keep and maintain your gardens, trees, lawns, and hedges in a neat and tidy condition’.

Landlord’s response to the resident’s concerns regarding the general condition and safety of the back garden

  1. While it is the tenant’s responsibility to maintain the garden, the landlord is obligated to respond to reports of disrepair and safety concerns. The landlord’s repairs policy states it will complete urgent repairs within 5 working days and routine repairs within 20 working days.
  2. On 23 March 2023, the landlord noted the resident’s request for it to conduct a survey due to concerns about possible subsidence in the garden. The resident phoned on 19 May 2023 to chase a surveyor to assess the garden and then raised this in their written complaint dated 22 May 2023.
  3. The landlord’s surveyor phoned the resident on 23 May 2023 to inform them that there was no subsidence issue. It is unclear how the landlord reached this decision, as it has not provided any details of if or when a visit that took place to inspect the garden. The lack of information regarding the inspection appears to indicate an issue with the landlord’s record keeping.
  4. The resident raised the issue again on 23 June 2023 and stated no one had visited. The landlord phoned to discuss this on 27 June 2023 and arranged for someone to visit the property the same day.
  5. The landlord’s stage 2 complaint response dated 3 July 2023 confirmed a surveyor visit took place on 27 June 2023, but it does not address the resident’s subsidence concerns. The landlord has failed to provide this Service with the surveyor’s report which would further indicate issues with the landlord’s record keeping and demonstrates a failing of the landlord to fully address the resident’s concerns. The landlord might wish to review its record keeping processes.
  6. The landlord provided a quote of £450 to help clear the garden and remove the waste and offered the resident a payment plan. While it was helpful of the landlord to provide the quote, it does not address the safety concerns detailed in the resident’s complaint.
  7. Overall, the landlord’s complaint responses focussed on previous remedial work carried out to the garden and did not acknowledge the concerns the resident set out in their stage 1 complaint and subsequent escalation request relating to the safety of the garden. While we acknowledge that the landlord inspected the garden, it failed to evidence a thorough investigation of the resident’s safety concerns about the garden and possible subsidence, which represents maladministration.

Complaint handling

  1. The resident logged a formal complaint with the landlord on 19 May 2023.
  2. In accordance with the landlord’s complaints policy, the landlord should have acknowledged the complaint within 2 working days and then provided its stage 1 response within a further 10 working days.
  3. The landlord acknowledged the complaint on 22 May 2023. It issued its stage 1 response on 6 June 2023, which was one day outside the required timeframe.
  4. The landlord did not uphold the complaint. It informed the resident that they were responsible to maintain the garden in line with Section 3.10 of the tenancy agreement. The landlord did not address the resident’s concern about the condition and safety of the garden.
  5. The resident asked to escalate the complaint to stage 2 of the landlord’s complaints process on 23 June 2023. The resident again raised the issue of possible subsidence and safety of the garden.
  6. In accordance with the landlord’s complaints policy, the landlord should have acknowledged the escalation request within 2 working days and then provided its stage 2 response within a further 10 working days.
  7. The landlord appears to have acknowledged the resident’s escalation request by phoning to discuss the condition of the garden on 27 June 2023 and sending someone to visit the same day. The landlord then issued its stage 2 response on 3 July 2023. Therefore, it acted within the required timeframes.
  8. However, the landlord’s stage 2 response again failed to address the resident’s concerns about possible subsidence. This was a second missed opportunity for the landlord to explain whether there was a subsidence issue at the property.
  9. The failure to respond to all elements of the resident’s complaint will have caused the resident further distress and inconvenience. This represents maladministration for which the landlord should pay £100 compensation.

Determination

  1. In accordance with paragraph 52 of the Scheme, there was maladministration regarding the landlord’s response to the resident’s concerns regarding the general condition and safety of the back garden.
  2. In accordance with paragraph 52 of the Scheme, there was maladministration regarding the landlord’s complaint handling.

Orders and recommendations

Orders

  1. Within 4 weeks of the date of this determination, the landlord must provide a written apology for the failings identified in this report.
  2. Within 6 weeks of the date of this determination, the landlord should inspect the garden and provide a written report detailing:
    1. The current condition of the garden.
    2. Any remedial action needed to place the garden into a safe and usable condition taking into account the condition of any paving, tree roots, retaining walls adjacent to neighbouring properties and whether roots in the garden are undermining the house or neighbouring structures.
  3. Within 4 weeks of the date of this determination, the landlord must pay compensation totalling £300 to the resident, comprised as follows:
    1. £200 for the failure to fully investigate the resident’s concerns relating to the safety of the back garden.
    2. £100 for the failure to address all elements of the complaint.
    3. The landlord must not offset this compensation against any rent or service charge arrears that the resident may have accrued.
  4. The landlord is to confirm compliance with these orders within the timeframes set out above.