The Guinness Partnership Limited (202321732)

REPORT

COMPLAINT 202321732

The Guinness Partnership Limited

7 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

The complaint is about the landlord’s handling of the resident’s reports of antisocial behaviour (ASB).
We have also considered the landlord’s handling of the complaint.

Background

The resident is a tenant of a the landlord, who is a housing association. The landlord has noted mental health vulnerabilities within the household, which the resident reports have worsened due to the reported ASB. He lives with his wife and children, who have autism. Additionally, the resident lives in a flat adjacent to the neighbour he has reported for ASB.
On 6 April 2022 the resident complained to the landlord and said he and his family were attacked by his neighbour after he had knocked on her door regarding her music. He said she had tried to grab his phone and swore at him. He told the landlord that his family felt imprisoned in their home and they were afraid.
Between May 2022 and October 2022 the resident continued to report his neighbour for playing loud music. On 3 October 2022 the resident and his neighbour were asked to sign an Acceptable Behaviour Contract (ABC).
On 4 October 2022 the resident complained to the landlord. He said his family were attacked and terrorised by the neighbour in April 2022. Since then, 5 months had passed and he felt nothing had been done. He said it was ‘absurd’ that the landlord intended to send him an ABC.
The landlord sent a stage 1 response on 14 October 2022 which said:
1. a Tenancy Enforcement Officer (TEO) was assigned the case on 14 April 2022
2. the officer communicated plans to issue ABCs on 27 April 2022 but further investigations were deemed necessary first
3. further ASB incidents were reported over the next 3 months
4. the TEO was away from the office for a period and a different officer had logged incidents between May and August 2022
5. the police were investigating the reports which had delayed action
6. on 3 October 2022 the police confirmed it was not taking further action, leading to the issuance of ABCs to both parties
7. it identified learning from the complaint, including a commitment to provide better communication in the future
The resident requested to escalate his complaint on 26 October 2022. He said:
1. the distress caused and the delay in communication from the case officer were not acknowledged
2. issuing an ABC to both parties due to the impact on other residents in the building, but had ignored the years of harassment and distress faced by his family
3. the landlord was responsible for addressing the noise issues as per the tenancy agreement and its procedures
The landlord sent a stage 2 response on 22 November 2022 which said:
1. it had not reviewed historical issues and only considered incidents from 6 April 2022
2. it had regularly reviewed evidence and worked with the police
3. reports needed to be made to Environmental Health (EH) to classify the noise and install noise monitoring equipment
4. it had recommended the resident using the Noise App on several occasions to document the noise
5. both parties were issued with an ABC which was appropriate to prevent further ASB
6. the police had reviewed CCTV regarding the April 2022 incident and were taking no further action
7. it would continue to monitor the situation

Events after the completion of the landlord’s complaints process

The resident submitted his complaint to us in September 2023. He reiterated the distress and anxiety caused by the April 2022 incident and said that the landlord’s handling of his case was unjust.
After confirming that we were investigating the case in July 2024, the landlord wrote to the resident after identifying failures in its handling of the complaint. It apologised and acknowledged that it had not recognised all aspects of the complaint or offered compensation for the poor communication experienced. It indicated that a review would be conducted on the management of resident reports to identify possible service improvements. It offered compensation of £550, which included:
1. £200 for failures in handling the ASB reports
2. £150 for poor communication
3. £200 for failures in handling the complaint
The resident remained dissatisfied with the landlord’s response and requested that we investigate his complaint. The resident was unhappy that enforcement action was not taken against the neighbour following the reported incident in April 2022.

Assessment and findings

Scope of investigation

In November 2021 and July 2023, we investigated previous complaints regarding ASB reports submitted by the resident and assessed the landlord’s response to these reports. The most recent report (202204395) covered events from May 2021 until the landlord’s stage 2 response in February 2022. Our assessment focuses on events starting from April 2022, when the resident reported another incident, and does not address earlier events that have already been evaluated.
The resident has said that the landlord’s handling of the ASB reports impacted the family’s well-being. We have considered the landlord’s response to the distress and inconvenience the resident reported experiencing. However, the courts are better suited to consider a health-related claim. The resident should seek independent advice if he believes the landlord’s actions have affected her health.
Section 3.13 of the resident’s tenancy agreement confirms that the landlord will not tolerate ASB, including harassment, victimisation, annoyance or nuisance and will take action within its powers and under its policies and procedures to deal with these.
The landlord’s ASB policy confirms that:
1. it encourages resident’s to resolve their own issues with their neighbours, where safe to do so
2. it will risk assess the level of harm the ASB causes to individuals when the matter is reported and while a resolution sought
3. it aims to resolve cases promptly using a full range of methods, taking reasonable, timely and proportionate action appropriate to the harm caused
The crux of the resident’s complaint centres on the reported incident that occurred on 6 April 2022, in which the resident stated that his family was attacked and verbally abused, leaving him, his wife, and children ‘stressed and terrified.’ The neighbour submitted a counter-report regarding the resident.
Given the seriousness of the incident, characterised by reports of a physical attack and a verbal assault against the resident, it was reasonable for the landlord to contact the police, who are best placed to deal with criminal matters. This action was consistent with the landlord’s ASB policy, which emphasises the importance of working with other agencies to prevent and address incidents of ASB within the community effectively.
The earliest indication that the landlord was considering issuing an ABC to both parties was recorded in the ASB case on 27 April 2022. An ABC is a voluntary agreement in which an individual agrees to adhere to specific terms and collaborate with the landlord. The resident expressed dissatisfaction with being asked to sign an ABC. While we acknowledge the resident’s concerns, this action was reasonable given that the landlord had recognised the impact on other residents in the building, and it was a proportionate response to the situation, since both parties had complained about each other.
The landlord unreasonably delayed the issuing of the ABCs for 6 months, which was not in line with its commitments in its ASB policy to take timely action. According to the landlord’s records, it was reluctant to issue them because it might ‘go against or interfere with anything the police put in.’ However, it is unclear why the landlord held this belief, as police investigations are independent and focus on criminal offenses, while the ABC is a voluntary agreement. The delay and lack of clarity surrounding the action the landlord could take likely contributed to the resident’s frustration.
The evidence indicates that the resident made several attempts to contact the landlord for updates regarding his case. For instance, he requested callbacks on 27 April 2022, and on 10, 20 and 27 May 2022. Additionally, he asked to speak with a manager on 30 May 2022. The resident expressed clear frustration over the lack of communication from the landlord, which was a key aspect of his complaint. He specifically sought updates on whether the ABC had been issued.
The resident’s frustration was heightened by the absence of an action plan that would provide regular updates on the steps being taken to address the issues. Consequently, the resident felt uncertain about whether the problems he reported were being taken seriously. The landlord did not adhere to its own policy by failing to establish a plan that could be routinely reviewed throughout the case.
In July 2022 the landlord told the resident that it was awaiting the results of a police investigation before making any decisions regarding further action. However, landlords must not rely solely on law enforcement outcomes when it comes to addressing issues within its properties. Our Spotlight report on ASB published in 2022 highlights the importance of taking a proactive stance, urging landlords to utilise tenancy enforcement tools, such as issuing formal warnings, implementing tenancy agreements, or seeking injunctions, when necessary and appropriate.
The landlord’s delay in clarifying potential actions added to the resident’s distress. Even when the police determined they could not proceed due to insufficient evidence, the landlord needed to address any potential breaches of the tenancy agreement. After confirming the police would not take further action in October 2022, the landlord decided to issue ABCs. However, this process was significantly delayed by 6 months. The landlord recognised that communication regarding the matter could have been better during its case review in July 2024.
Regarding the noise reports, based on the available evidence, the landlord explained that it was sufficient to warrant further action. It was reasonable for the landlord to clarify why reporting such issues to Environmental Health (EH) is important. Under the Environmental Protection Act 1990, EH has the authority to assess and address noise nuisances and can issue notices that landlords cannot, if a statutory noise issue is identified. Additionally, EH can install noise monitoring equipment to capture and objectively analyse sound levels.
Furthermore, the landlord advised the resident to use the Noise APP, a mobile application designed to record and report noise disturbances. While we understand that the resident was hesitant to use the app due to data protection concerns, it was still reasonable for the landlord to recommend both contacting EH and using the app to support his reports.
Our Spotlight report on Attitudes, Respect, and Rights highlights concerns about landlords not recognising the lived experiences of residents. The resident has consistently described the effects of ASB on himself and his family. In our last investigation, completed in July 2023, we recommended that the landlord conduct an updated risk assessment and consider referring the resident and his family to an external support agency for assistance.
However, there is no evidence that these actions have been taken to reassess the situation. This is particularly important in light of the incident reported by the resident in April 2022. The failure to act on this recommendation was a missed opportunity for the landlord to evaluate the family’s vulnerabilities and support needs in accordance with its ASB policy. Without evidence, it is difficult to determine whether the landlord has considered the impact of these issues and adequately acknowledged the resident’s lived experience.
We acknowledge that the resident has been seeking action against his neighbour and understand the difficulties this situation has caused for both the resident and his family. However, the landlord indicated that there is insufficient evidence to warrant enforcement action. Considering the available evidence, the landlord has handled this matter in the most appropriate way possible.
During our investigation, we identified failings in how the landlord addressed the ASB. These included delays in communication and a lack of an action plan and risk assessment. These factors contributed to confusion about the landlord’s potential actions and the frequency of contact with the resident. However, based on the available evidence, these failings are unlikely to have impacted the outcome for the resident or influenced the enforcement action he requested.
In July 2024, the landlord confirmed that following our contact, it had identified failures in how it had handled the ASB and offered £200 compensation for its handling of the reports and its poor communication. It confirmed that since the complaint, it had made changes to its ASB service which included:
1. implementing changes to its tenancy enforcement model to ensure a customer-focused experience
2. reviewing training on handling of ASB and incorporating through risk assessments
3. its senior management within the tenancy enforcement team were reviewing all complaints regarding its handling of ASB to identify and address any barriers and promote continuous learning
Nevertheless, it is a concern that the landlord delayed reviewing the resident’s case and offering him compensation until July 2024. This was after he had complained to us and was considerably later than its stage 2 complaint response in November 2022, 20 months later. This was a failing.
Therefore, we have found service failure and the landlord is ordered to pay the resident £350 as previously offered, if this has not already been paid. The amount offered is in excess of what we would ordered for a service failure for the failings identified and therefore we have not ordered further compensation. Due to the actions and improvements the landlord has already implemented in response to the failures identified in July 2024, we have not made additional orders relating to this.

Complaint handling

The landlord did not adequately address all the issues raised by the resident in its complaint responses, which led to additional distress and inconvenience for the resident. In its stage 2 response, the landlord failed to acknowledge points made in the escalation request, specifically:
1. the impact that the ASB had on the resident and his family
2. the time expended by the resident in requesting updates
As the landlord did not address all points raised, it missed the opportunity to demonstrate that it had heard and understood what was being expressed by the resident and a chance to move forward to resolve the issues.
While it is encouraging that the landlord reconsidered its position and offered compensation in July 2024, it remains unclear why this was not offered during its own complaint procedure. The landlord seemingly was prompted to reconsider only after the complaint was referred to us. This was a missed opportunity to use the complaints process to resolve the issues effectively, and as such, we have found a service failure in the landlord’s complaint handling.
The landlord identified learning from the complaint and confirmed it had revised training for all complaint handlers based on feedback, with the latest training being delivered on 2 April 2024. The landlord offered £200 compensation for the failures in its complaint handling, which was in line with what we would have ordered if the landlord had not made an offer. The landlord will be ordered to pay this, if it has not already been paid. Due to the learning and steps the landlord has taken to improve its complaint handling, we have not made any additional orders related to this.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in relation to the landlord’s handling of the resident’s reports of ASB.
In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure in relation to the landlord’s complaint handling.

Orders

Within 4 weeks of the date of this report, the landlord must provide evidence that it has:
1. paid the resident £350 as previously offered for the failures in its ASB handling
2. paid the resident £200 as previously offered for the failures in its complaint handling