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Clarion Housing Association Limited (202213864)

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REPORT

COMPLAINT 202213864

Clarion Housing Association Limited

25 July 2024


Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The complaint is about the landlord’s handling of the resident’s complaint about her damaged flooring, and its associated offer of compensation.

Determination (decision)

  1. In accordance with paragraph 53(c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress, following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. On 16 January 2023 the resident complained to the landlord that it had fixed a leak in her property several months earlier, but that her flooring was still damaged from the water.
  2. On 20 February 2023 the landlord issued the resident its stage 1 complaint response. It described how the resident’s flooring damage had occurred, and the repair offers that it had made to her. It provided the details of its insurer if she wished to make a claim. It apologised for the delays in responding to the resident’s complaint and other unrelated matters, and offered her £100 compensation.
  3. On 28 March 2023 the Service told the landlord that the resident had said that she had not received the £100 compensation that the landlord had offered at stage 1, nor heard back from its insurer.
  4. On 18 April 2023 the landlord issued its stage 2 complaint response to the resident, which confirmed that it had processed the resident’s £100 compensation award on 3 March 2023, and made the payment 4 days later. It said that its insurer had advised that the resident’s daughter had provided it incomplete information for the resident’s claim, and suggested that they contact the insurer again. It identified an unrelated service failure, and offered the resident a further £50 compensation.
  5. On 4 December 2023, following discussions with the resident, the Service wrote to the landlord to propose a mediated resolution to the resident’s complaint. The Service advised the landlord that the resident had said she would accept either the renewal of her flooring, or £300 total compensation to resolve her complaint.
  6. On 12 December 2023 the landlord agreed to the resident’s proposed £300 compensation resolution. It told the Service that it had already paid the resident £150 compensation as part of its complaint process, and would arrange payment of the remaining £150 to make up the total £300.
  7. Over the remainder of December 2023 the resident disputed that the landlord had paid her its original £100, and £50 compensation awards, and that she was still awaiting the £150 agreed at mediation. The landlord provided the Service with what it said was its evidence of all 3 payments in the form of the resident’s rent statements. The rent account statements showed compensation related activity in March, May, and December 2023, but did not demonstrate actual payment to the resident.
  8. During further discussions with the resident in January 2024, she accepted that she had received the £100, and £50 payments in March and May 2023, but maintained that the landlord had not paid her the mediated £150 in December 2023.
  9. The landlord has subsequently provided the Service with evidence of the actual payments made to the resident on 7 March, 18 May, and 18 December 2023, totalling £300.
  10. Paragraph 53 (c) of the Housing Ombudsman Scheme states that:
    1. “The Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily”
  11. I am therefore satisfied, following the intervention of this Service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.