Applications are open to join the next Housing Ombudsman Resident Panel – find out more Housing Ombudsman Resident Panel.

Home Group Limited (202303198)

Back to Top

REPORT

COMPLAINT 202303198

Home Group Limited

27 August 2024


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 handling of the resident’s reports of antisocial behaviour (ASB), by her upstairs neighbour.
  2. The Ombudsman has also considered the landlord’s complaint handling.

Background

  1. The resident is an assured tenant of the landlord. The landlord is a housing association. This is a one bed flat in a block of flats. The resident moved from the property in August 2023.
  2. There are resident vulnerabilities included on file. The resident has poor mental health and was pregnant during the internal complaints process.
  3. The records show various text exchanges between the resident and her upstairs neighbour from March 2021 to July 2021, where she asked the neighbour to keep the noise down as it was affecting her sleep.
  4. The landlord logged 2 incidents of ASB from the upstairs neighbour on 3 April 2022 and 30 April 2022. This included his friend shouting, pressing all entry buzzers, standing at the communal block front doors, swearing, and refusing entry to other residents of the block.
  5. The landlord has provided this Service with its initial ASB risk assessment of the resident. There is no date on this, though this Service has assumed that it pre-dates her living with her partner or being pregnant. This is because the notes state that she lived alone and was isolated. The landlord marked this with a ‘high risk’ score.
  6. The landlord’s notes show that it made a safeguarding referral for the resident on 4 May 2022. This Service has not had sight of the referral.
  7. The landlord logged 14 incidents of ASB from the upstairs neighbour between 5 May 2022 and 24 June 2022. Within this time, the landlord spoke to the upstairs neighbour on 26 May 2022 and 14 June 2022.
  8. The landlord hand delivered a warning letter to the neighbour on 24 June 2022. It also drew up an acceptable behaviour agreement, which the neighbour signed.
  9. The landlord logged a further incident of ASB on 6 July 2022. It sent the neighbour a final warning letter on 20 July 2022.
  10. The landlord logged 2 further incidents of ASB on 27 July 2022 and 2 August 2022.
  11. The resident reported excessive noise throughout the night from the upstairs neighbour on 6 December 2022. The landlord attempted to call the resident back on 6, 21 and 23 December 2022. It left a voicemail on 23 December 2022 advising a housing manager would take ownership of the ASB case.
  12. The resident reported a further incident of ASB from the upstairs neighbour on 29 December 2022.The landlord spoke to the police on the same date who advised the landlord that it had attended, and the case was closed. The landlord asked for details of the local police community support officer (PCSO) so that it could arrange a joint visit to both the resident and the neighbour to discuss the issues. The police advised the landlord that the resident needed to report the noise nuisance to environmental health and to keep diary sheets.
  13. The resident sent an email to the landlord on 29 December 2022. She said she had been making complaints of ASB to her housing manager for over a year now and nothing had been done. She said she now suffered from anxiety and depression and had lost her job and fallen behind with her rent. She stated she had been in contact with the police and her neighbour had been arrested numerous times. She would be contacting this Service and her local MP to get the situation resolved.
  14. The landlord visited the resident on 3 January 2023. It confirmed that she had downloaded the noise app and showed her how to use it. The landlord advised the resident that it needed to do things in a certain order and that the neighbour had been given a warning letter and a final warning letter. It said the next step would be to issue a notice of seeking possession (NOSP). It gave the resident diary sheets and told her that it could take no action without evidence. It also offered mediation, which the resident agreed to.
  15. The landlord visited the neighbour on 3 January 2023, who also agreed to mediation.
  16. The resident submitted a stage 1 complaint to the landlord, via this Service on 5 January 2023. She complained about the landlord’s handling of reports of ASB from her upstairs neighbour’s property. She complained about noise nuisance from arguments, parties, fighting, shouting, and banging, which had been going on for over a year. She said she was vulnerable and suffered from anxiety and suicidal thoughts due to the ongoing ASB issues.
  17. The landlord acknowledged the resident’s stage 1 complaint on 6 January 2023, and sent her diary sheets to complete on 16 January 2023.
  18. The landlord noted 6 incidents of ASB from the neighbour’s flat between 6 January 2023 and 19 January 2023.
  19. The landlord’s housing manager responded to the resident’s stage 1 complaint on 19 January 2023. It said the following:
    1. It had to follow correct processes, and the neighbour had received a warning letter and a final warning letter. The next step would be to issue the neighbour with a NOSP.
    2. It had provided diary sheets to the resident to record further incidents as it could not act without evidence. It advised her to record all unreasonable noise on the noise app.
    3. It had made a referral to a mediation service.
    4. If she was dissatisfied, she could reply within 8 weeks, explaining why and what she was seeking as an outcome.
  20. The landlord noted 2 incidents of ASB from the neighbour’s flat, late at night on 22 and 24 January 2023.
  21. On 27 January 2023, the resident asked the landlord to request information from the police, using a police disclosure form. She told the landlord that the police had advised her that housing associations have an information sharing agreement with them.
  22. The landlord sent a schedule of all the ASB events to its manager on 30 January 2023 and requested permission to proceed with legal action.
  23. In February 2023, the landlord:
    1. Approved the request to issue the NOSP.
    2. Chased up mediation.
    3. Asked colleagues if closed circuit television (CCTV) could be incorporated into the block during the new build process.
  24. The resident submitted a stage 2 complaint on 24 February 2023. She said that she had a lot of ASB issues with her neighbour and didn’t feel that her housing manager was taking any action, despite the number of complaints she made, and asked for a new housing manager.
  25. On 26 February 2023, the resident told the landlord that the neighbour had pushed her partner and the police had been called.
  26. The landlord logged the resident’s complaint of 24 February 2023, as a stage 1 complaint, on 1 March 2023.
  27. The landlord’s notes of 2 March 2023, show that it was agreed not to approach the neighbour regarding the incident of 26 February 2023, as the resident wanted to discuss this first with the police. The resident’s partner stated he was worried about the resident as she was in the early stages of pregnancy and was “stressed out” due to experiencing 2 years of ASB.
  28. A further ASB incident was reported on 2 March 2023.
  29. The landlord’s internal email correspondence of 3 March 2023, showed that there was some confusion as to whether the landlord should investigate the resident’s complaint of 24 February 2023 as a stage 2 complaint, rather than a new stage 1. This was because the resident was not happy with the landlord’s stage 1 response. It asked for clarification as the resident had complained about the landlord’s handling of ASB in her recent complaint, rather than the ASB itself.
  30. On 3 March 2023, the landlord acknowledged the resident’s complaint of 24 February 2023 as a stage 1 complaint. It tried to call the resident to discuss the complaint and left a voicemail.
  31. On 6 March 2023, the landlord recategorized the resident’s complaint of 24 February 2023 as a stage 2 complaint. The internal correspondence shows that it acknowledged it was the same complaint that it had closed at stage 1.
  32. On 9 March 2023, the landlord spoke to the police regarding issues of ASB from the neighbour. It explained that the resident was pregnant and anxious about her wellbeing and not getting any support, so the PCSO made a safeguarding referral to the local council.
  33. The landlord chased the police disclosure information on 10 March 2023.
  34. The resident called the landlord on 21 March 2023 to ask why nobody had attended to visit her. The landlord apologised and said there had been a “misunderstanding” as it believed the resident was not available. It advised the resident that it would contact the police and in turn, contact the resident with a new date.
  35. The resident and her partner both emailed their local MP on 21 March 2023. They said they had been living with ASB from their upstairs neighbour for 2 years and had reported this more than 20 times both to the landlord and the police. They told the MP that the resident was pregnant and suffering from mental health problems. They said the neighbour had verbally assaulted the resident, had parties all the time, had urinated outside the resident’s property, had assaulted her partner, and had overdosed on drugs. They said they could no longer cope.
  36. The police sent the disclosure form to the landlord on 23 March 2023. It listed 8 incidents at the neighbour’s property between 18 May 2022 to 26 February 2023.
  37. The resident called the landlord on 27 March 2023 to chase the meeting with the landlord and police. She also contacted it on 28 March 2023 to request an update on the ASB case.
  38. The mediation company emailed the landlord on 28 March 2023 to advise that it had spoken to one of the parties and they no longer wished to continue in the mediation process, so it let the other party know and closed the case.
  39. On 28 March 2023, the landlord’s operations manager requested a completed ASB risk assessment, an ASB action plan and all other relevant documents from the housing manager, in respect of ASB action against the neighbour. It also asked a colleague to visit residents in the block to ask about noise nuisance, without mentioning any individuals or addresses.
  40. On 29 and 30 March 2023, the landlord asked its colleague to call all residents of the block to see if they had experienced any noise nuisance. Also to draft a newsletter to ask residents not to allow non-residents access to the block. This Service has not had sight of this newsletter.
  41. Further reports of ASB were made by the resident in April 2023.
  42. The landlord responded to the resident’s stage 2 complaint on 5 April 2023. It said the following:
    1. It had been in regular contact with the resident and her partner throughout the investigation. It had reviewed the noise app submissions and other evidence the resident provided, together with the police disclosure and information from the mediation company, along with its own communication records and information from the neighbour and other residents of the block.
    2. It noted there had been numerous reports of ASB about the upstairs neighbour, notably regular parties at antisocial hours, noise disturbance and nuisance, usually when under the influence of alcohol. It appreciated the profound impact on the resident’s quality of life, health, and enjoyment of her home, particularly as she was pregnant.
    3. It had worked with external parties such as the police and neighbours to support the investigation. It could not share all the actions it had taken, due to some information being confidential, but both informal and formal action had been taken in accordance with its ASB policy.
    4. The police had confirmed there had been no criminal charges in relation to ASB.
    5. The landlord had asked residents of the block not to allow visitors into the building unless they were visiting the actual resident.
    6. It had arranged mediation between the resident and the neighbour, but the resident did not want to engage in mediation as she did not feel this would resolve anything long-term.
    7. Prior to taking legal action against a tenant, the landlord is required to take other steps to resolve ASB. Now that mediation had ended, it would seek advice from its legal team to establish evidence in the case and determine if legal /enforcement action could be taken.
    8. It had acted in response to the resident’s reports of ASB. The noise app submissions were not strong enough evidence of noise nuisance, and the landlord had felt it important to convey to the resident that it needed strong evidence to proceed to any enforcement action against the neighbour.
    9. It had recommended that where residents raise complaints about their housing managers’ handling of issues, these complaints would be assigned to different housing managers to investigate.
    10. It had found no fault in the colleague’s investigation of the resident’s complaint but wanted to reassure the resident that in future, complaints would be investigated in a fair and balanced way.
    11. Whilst reviewing the records, it had not found an action plan for the resident’s case. It would complete an action plan and communication plan as soon as possible.
    12. The resident’s housing manager would be her point of contact. The case had been handled appropriately.
    13. If it felt safe to do so, the resident should speak directly with the neighbour to attempt to resolve noise disturbance issues, as and when they happened. This may result in immediate resolution on occasion.
    14. The resident should continue to record all unreasonable noise via the noise app, should keep recording issues on diary sheets, and report issues to the police when necessary.
  43. The resident reported 8 incidents of ASB from 5 April 2023 to 22 April 2023.
  44. The resident complained to this Service on 25 April 2023. As an outcome to her complaint, the resident wanted the landlord to take action regarding the ASB.

Post referral to the Ombudsman

  1. Between April and August 2023, the landlord:
    1. Logged a further 9 incidents of ASB.
    2. Attended a community trigger meeting with the police and the local council. It also asked its legal team to install a ring doorbell camera and obtained legal advice.
    3. Asked social services and the police to write letters in support of a management move for the resident. It also asked environmental health to install noise recording equipment as the noise app recordings were not of a quality that could be used as evidence.
    4. Completed a management transfer request form at the end of June 2023 and offered the resident a 2 bed property on 7 July 2023, which she accepted.
    5. Sought legal advice regarding future actions and was advised to give the neighbour a final warning as there were “concerns over the credibility of the evidence”.
  2. The resident moved to a new property on 24 August 2023, via management transfer.
  3. The landlord has told this service that it did not serve a NOSP on the neighbour as the resident had moved before it could be served. It stated that as other neighbours had not complained, it did not think it was necessary.

Assessment and findings

Scope of Investigation

  1. The resident has advised that the handling of this matter by the landlord has led to a deterioration in her health. The Ombudsman cannot draw conclusions on 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. Although this report refers to continued ASB, dating back to 2021, and events after the Stage 2 complaint, this investigation focuses on events from approximately 6 months prior to the resident’s formal complaint made in December 2022 up to the landlord’s stage 2 response on 5 April 2023. The Ombudsman has considered this to be a reasonable period to evaluate the landlord’s handling of the issues raised. Separate issues, and events that pre and post-date the complaints procedure have not been investigated and are referenced for contextual purposes only.

Landlord Obligations/Policies and Procedures

  1. The landlord’s ASB policy states that it:
    1. Wants residents to live peacefully and has robust systems in place to deal with ASB.
    2. Takes swift action to protect individuals and communities and where safe and appropriate to do so, encourages residents to resolve issues themselves or through use of mediation.
    3. Investigates reports of ASB within an agreed timescale, using a risk assessment matrix to prioritise the most serious cases. It offers and provides ongoing support when working with victims, witnesses and perpetrators including regular contact and referral to other agencies where appropriate.
    4. Uses technology such as noise apps, and monitors how effective its tools and systems are to ensure it resolves issues as speedily as possible, whilst taking individual needs into account.
    5. Uses intervention before ASB escalates on a case-by-case basis. This may include warnings and acceptable behaviour contracts.
    6. Recognises that partnership working can be powerful and valuable when ASB incidents occur, and it uses these relationships at the earliest opportunity. It works with other agencies, including the police and the council to investigate and tackle ASB. It also uses professional witnesses to help validate instances of ASB where appropriate.
    7. May take legal action if residents engage in ASB.
  2. The landlord’s tenancy agreement states that :
    1. Residents are responsible for the behaviour of anyone visiting their home or the neighbourhood.
    2. Residents must not behave or encourage others to behave in a violent, menacing, or threatening manner in their home or neighbourhood.
    3. Residents must make sure that any noise coming from their home is at an acceptable level and is not unreasonable so as not to annoy or disturb neighbours. They must not make any noise or use any equipment that can be heard outside of their home and must not allow general noise in shared areas to cause a nuisance to others.
    4. Residents must not behave in any way which causes, or is capable of causing nuisance, distress or annoyance to neighbours or any other person.
  3. The landlord’s ‘Your Rented Home’ handbook says that:
    1. It will acknowledge reports of ASB within 1 working day and prioritises ASB incidents based on assessment of risk.
    2. It will agree an action plan with residents once the case has been assessed and keep residents updated in a way that suits them.
    3. It will use appropriate legal powers available to tackle ASB.
    4. It supports anyone experiencing ASB, and this may include working with other organisations, such as the police or local authority.
  4. The landlord has recently updated its complaints policy. The landlord now has a centralised complaints team who manage complaints through to closure. This investigation will focus on the landlord’s complaints policy at the time of the complaint, and any mention of the complaints policy will be based on the policy at the time of the complaint.
  5. The landlord’s policy at the time of the complaint stated that:
    1. A complaint is an expression of dissatisfaction, however made.
    2. It operates a discretionary compensation award as redress to residents in the form of a monetary reward it could choose to grant.
  6. The landlord operates a 2 stage complaints process. Stage 1 and 2 complaints will be logged and acknowledged within 5 working days. A written response will be provided within 10 working days at stage 1, and 20 working days at stage 2.

The landlord’s handling of the resident’s reports of ASB by her upstairs neighbour

  1. The Ombudsman’s ‘Spotlight on Noise’ report recognises that noise transference can have a significant impact on people’s lives. It recommends landlords explore all avenues to lessen noise transference and its impact.
  2. It was reasonable that the landlord spoke to the upstairs neighbour to address his ASB on 26 May 2022. However, it would have been appropriate for the landlord to speak with the neighbour sooner, as the resident suffered regular noise disturbance which was causing her significant distress and having an impact on the enjoyment of her home.
  3. Further, there is no evidence that the landlord completed an action plan after the 14 reports of ASB, nor did it provide the resident with diary sheets to record the ASB instances. There is no evidence that it completed a risk assessment at this stage. Additionally, it did not show her how to use its noise app and did not ask her for any noise app recordings. Had an action plan being drafted at this stage, this could have better managed the resident’s expectations and improved communication between the landlord and the resident. Further, had the resident started gathering evidence at this stage, it may have resulted in the ASB being resolved sooner.
  4. Additionally, after 14 reports of noise nuisance and other ASB, it would have been appropriate for the landlord to contact environmental health at this point and explore options for installing noise equipment to monitor the level and frequency of the noise. This could also have provided the landlord with reliable evidence, should the matter later need to be escalated to possession proceedings.
  5. It was reasonable that the landlord hand delivered a warning letter to the neighbour on 24 June 2022 and that he was made to sign an acceptable behaviour agreement, a copy of which was provided to the police. This was in line with its policy and an appropriate response, showing that it was attempting to stop the ASB and ensure the neighbour abided by his tenancy agreement. It also shows a positive approach to partnership working.
  6. It was further appropriate that the landlord issued the neighbour with a final warning on 20 July 2022 and advised him to seek independent legal advice as he was at risk of losing his home.
  7. However, this this behaviour continued after this warning and the resident reported at least 4 incidents of excessive late-night noise and ASB between 27 July 2022 and 29 December 2022, including police involvement. There is no evidence that the landlord offered the resident any support or referral to external agencies at this point and this is inappropriate, particularly as the resident had expressed that she was feeling anxious and depressed by the ongoing ASB. This was not customer focused and contrary to its policy.
  8. It was appropriate that the landlord attempted to arrange a joint home visit with the local police after further ASB reports from the resident on 29 December 2022. This shows it was trying to adopt good joint working to reinforce its ASB policy to residents.
  9. It was also appropriate that the landlord visited the resident on 3 January 2023 and advised her of the steps it had already taken to address the ASB. It was also reasonable that it gave her diary sheets and showed her how to use the noise app. However, as stated above, the diary sheets and noise app instructions should have been provided to the resident sooner. She had been reporting ASB incidents for about a year at this point. The delay in asking for evidence would have caused the issue to be protracted and continued to impact on the resident’s enjoyment of her home, along with anxiety, distress and frustration.
  10. It was also appropriate that the landlord offered the resident and the neighbour mediation on 3 January 2023, although, had this been offered sooner, the issues may have been addressed in a timelier manner and may not have escalated.
  11. In her stage 1 complaint to the landlord, the resident expressed her distress and told it of the impact the ASB was having on her health. The landlord offered no support services in its stage 1 response of 19 January 2023. Nor did it consider any other means to gather evidence, to support the resident’s claims, apart from diary sheets and noise app recordings. It did not offer to liaise with environmental health to request noise equipment installation and did not consider interviewing other residents of the block at this stage.
  12. Further, due to the continued ASB, police involvement and the impact on the resident, it may have been appropriate to assist the resident to raise a community trigger at this point.
  13. It was appropriate that the landlord requested a police disclosure in January 2023 but was not reasonable that the resident had to advise the landlord to do this. This would have caused her additional stress and frustration, time and trouble and would have impacted on the relationship with the landlord.
  14. It was also reasonable that the landlord went through its legal department in February 2023, to issue the NOSP. This Service would expect landlords to comply with legislation, so it was appropriate that the landlord sought this advice. Although we note that this took too long, and the landlord should have systems in place to ensure that legal advice is obtained in a timely manner. This would have protracted the issue for the resident and caused her ongoing distress and frustration.
  15. It was further reasonable that the landlord considered other options to record any ASB, to gather additional evidence, including exploring a ring doorbell and installing CCTV.
  16. However, it was in appropriate that the resident had to chase the landlord to pursue the police disclosure on 10 March 2023. Had the landlord pursued this earlier, this may have resulted in the landlord taking any further ASB action sooner. Also, the records show that the landlord was not sure if the police disclosure had been sent or if a response had been received. This points to poor record keeping, which is a failing on the part of the landlord. This caused the resident additional stress and frustration and time and trouble in pursuing the issue, as well as continuing to impact on the enjoyment of her home.
  17. It was further inappropriate that the resident needed to continue to chase the landlord for an update on her ASB reports on 27 and 28 March 2023. Had an action and communication plan been drafted, this would have managed the resident’s expectations regarding contact and actions which needed to be take by all parties involved.
  18. Although it was appropriate that the landlord arranged to call or visit other residents of the block on 30 March 2023 to gather evidence for its ASB investigation, it would have been reasonable of the landlord to do this sooner. This Service understands that landlords have a burden of proof when issuing possession proceedings and that landlords need evidence to progress the matter to court. Had this been done sooner, the ASB issue may have been dealt with more promptly and not impacted the resident for a significant period.
  19. Further, although it was reasonable that the landlord issued a newsletter to residents of the block on 30 March 2023, telling them not to allow non-residents access, it would have been appropriate to do this sooner. Further, there is no evidence that this newsletter was produced, as this Service has not had sight of it.
  20. Additionally, although the landlord’s ASB policy states that it can use professional witnesses during ASB investigations, there is no evidence that it considered this. Had it done this, together with diary sheets and noise recording equipment from environmental health, it may have had sufficient evidence to pursue possession action in a timely manner.
  21. Although the landlord did contact environmental health for advice regarding installing sound equipment, this was on 8 June 2023, after its internal complaints process and more than 12 months after the resident’s reports of noise nuisance and ASB. This protracted delay would have impacted on the resident’s enjoyment of her home and caused her distress and anxiety in having the issues resolved.
  22. The landlord did request a management move for the resident, due to the ASB. Although this was appropriate and reasonable, due to the impact of the ASB on the resident, it may have been appropriate for the landlord to do this sooner and prior to the landlord being contacted by social services in May 2023. This is particularly pertinent as it was aware of the resident’s vulnerabilities, and that she was pregnant and concerned for her unborn child.
  23. Additionally, although the landlord did work with the police in its attempts to proceed to possession action, the landlord did not in fact serve the neighbour with a NOSP. It is unreasonable that in its internal correspondence of 12 July 2023, the landlord’s legal department expressed “concerns over the credibility of the evidence” and declined to issue the NOSP, preferring to “see how things” went after she had left. Had the landlord attempted to gather additional evidence in the form of noise recording equipment from environmental health in a timely manner, it may have had sufficient evidence to proceed to court action during its internal complaints process.
  24. Although the landlord did attempt to resolve the ASB issues for the resident, it did not do this in a timely manner and did not do enough to address the issues. This had a significant and long-term impact on the resident. Due to this, a finding of maladministration is made, along with orders for redress.

The landlord’s complaint handling

  1. Although the landlord defines a complaint as “an expression of dissatisfaction however made,” it is unclear why it did not log the resident’s email of 29 December 2022 as a complaint, when she expressed dissatisfaction with the landlord’s handling of ASB. The landlord did not raise a stage 1 complaint until this Service contacted it on 5 January 2023. This is inappropriate and would have caused a delay to the complaint being dealt with, as well as having the substantive issue addressed. This caused the resident time and trouble in pursuing the complaint.
  2. It was not appropriate that the landlord initially categorised the resident’s stage 2 complaint of 24 February 2023 as a new stage 1 complaint. This is contrary to its policy, which states that the landlord acknowledges stage 2 complaints within 5 working days of residents’ request to escalate and will provide a written response. Instead, it provided an acknowledgement to a new stage 1 complaint on 3 March 2023. This would have caused the resident confusion and distress and inconvenience in pursuing the substantive issue.
  3. Although the landlord did recategorize the resident’s complaint of 24 February 2023 as a stage 2 complaint, and sent her an acknowledgement of this on 7 March 2023, this caused a delay in dealing with the stage 2 complaint, which caused the resident additional frustration and time and trouble.
  4. Further, in its stage 2 response of 5 April 2023, the landlord acknowledged that there was no action plan in place, but did not apologise for this, nor did it offer the resident any redress. Although it did implement an action plan, further to its stage 2 response, it would have been appropriate for the landlord to apologise and offer redress for this acknowledged failing.
  5. Due to the above, a finding of service failure is made, along with orders for redress. This Service will make no orders for a review of the landlord’s complaints policy, as the landlord has already implemented a new policy.

Determination

  1. In accordance with Paragraph 52 of the Scheme, there was maladministration in the landlord’s handling of the resident’s reports of ASB by her upstairs neighbour.
  2. In accordance with Paragraph 52 of the Scheme, there was service failure in the landlord’s complaint handling.

Orders

  1. Within 4 weeks of this report, the landlord is ordered to:
    1. Apologise to the resident for the failings identified in this report. This apology needs to be in writing.
    2. Conduct a review of this ASB case to identify what went wrong and develop an action plan that includes staff training and quality assurance measures, to ensure its ASB policy is complied with.
    3. Pay the resident a total of £1000 compensation, which is made up of:
      1. £900 compensation for the distress, inconvenience, time and trouble in pursuing the ASB issue.
      2. £100 for the distress, inconvenience, time and trouble caused by its complaint handling failures.
  2. The landlord should provide this Service with evidence of compliance with the above orders.