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Notting Hill Genesis (NHG) (202125186)

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Review Letter comp

29 February 2024

 

 

PO Box 152

Liverpool

L33 7WQ

Tel: 0300 111 3000

info@housing-ombudsman.org.uk

www.housing-ombudsman.org.uk

 

 

 

 

Ms Maria Manuela Da Ponte Cunha

3 Princes Mews Down Place

LONDON

W6 9JQ

 

 

 

Dear Ms Da Ponte Cunha

 

Complaint: 202125186 – Notting Hill Genesis (NHG)

 

I write with reference to your request for a review of the Ombudsman’s determination of 31 October 2023, in relation to the above complaint. Thank you for the information provided in your call of 8 December 2023 and emails of 2 and 10 January 2024.

 

Your case has been passed to me for review. I have now had the opportunity to consider the information you have provided, and I write to confirm the Ombudsman’s position in relation to the complaint.

 

Complaint

 

The complaint the Ombudsman investigated was about:

 

  1. The landlord’s management of estate services.
  2. The charges relating to the provision of services.
  3. the landlord’s complaint handling.

 

Original Determination

 

Having carefully considered the evidence, the Ombudsman determined:

In accordance with paragraph 52 of the Housing Ombudsman Scheme there was maladministration in relation to the following complaints:

The landlord’s management of estate services.

the landlord’s complaint handling.

In accordance with paragraph 53b of the Housing Ombudsman Scheme the landlord has provided reasonable redress to the resident in relation its handling of the service charge.

Orders and recommendations

The landlord pays compensation of £800 previously offered to the resident (unless already paid) as this recognised genuine element of service failure and the reasonable redress finding is made on that basis. 

The landlord pays additional compensation of £500 in compensation to the resident for its failure to respond to the estate management complaints (£300) and the time and trouble caused to the resident by its poor complaint handling (£200).

That the landlord provide evidence to the resident and this service of the outcome of its review of the service charge.

That the landlord provide evidence that the actions it promised in relation to apportionment and refunding the rent account have taken place.

That the landlord provides the resident with details of the annual costs regarding the estate/block charges for electricity and gardening maintenance and how this charge is apportioned across households.

The landlord to provide evidence of its compliance with the orders in this case to this Service within four weeks of the date of this report.

Information Provided

 

I have summarised the information you provided in support of your request for a review of the Ombudsman’s original determination as follows:

 

  • You did not receive any cleaning or gardening services during the COVID-19 pandemic and this was not mentioned in the investigation report.
  • You are paying two bills for cleaning and electricity which you believe is also covering the communal areas of another building.
  • You believe all your complaint points were not covered as raised in your email of 29 March 2023.

 

Response

 

Thank you for the information you have provided as part of your review request. You are unhappy that the investigation report does not mention that you did not receive cleaning or gardening services during the COVID-19 pandemic. However, this was covered in paragraph 22(b) of the report where the landlord confirmed that during the COVID-19 pandemic it was still liable for gardening charges under the terms of the contract, therefore the cost could not be refunded. It was noted that the landlord did not provide any detail of the overall cost, and neither was an invoice provided. This was addressed as part of our orders within paragraph 50, that the landlord provide you with annual costs regarding the charges for gardening maintenance and how this charge is apportioned across households. I will further recommend that the landlord provide you with evidence of its terms with the cleaning /gardening service providers so there is transparency for you with regards to why you have been charged and are unable to claim a refund. The landlord should be able to provide evidence to demonstrate the charge was payable despite limited services during the lockdown period. Understandably, it would be frustrating for residents to be paying for a service that has not delivered, and it is a reasonable request for residents to receive information pertaining to this matter.

 

You state you are being charged two bills for cleaning and electricity, which you believe is also covering the communal areas of another building. As above, this point was addressed within the investigation report under paragraph 10, and later also mentioned that the landlord stated it could not provide the electricity bills due to the sensitivity of the information included in the bill. This Service made orders at paragraph 50 that you should be provided details of the annual costs regarding block charges for electricity. Whilst the landlord claims it cannot provide you with the electricity bill due to sensitive information, it is expected to omit any such details so it can be shared with you. This is not unreasonable and will help you to understand exactly why you are being charged in relation to your portion of the block. With regards to the bill covering another building, this Service is unable to comment on the service charges your neighbours are paying. This was clarified with you by a fellow adjudicator during a call on 8 December 2023. Furthermore, this Service is unable to make a legally binding decision on the reasonableness of the service charges you are paying as that is outside our remit and a matter for the First Tier Tribunal (FTT). If you would this matter to be investigated then I would recommend contacting the FTT for further information.

 

I have reviewed your email of 29 March 2023 and as explained to you over the phone call referenced above, the window cleaning issue was explained to you as being a new issue that had not exhausted the landlord’s internal complaints process. You stated you would seek legal advice and did not want to set up a new complaint. With regards to your query about the electricity meters, again this has not exhausted the landlord’s internal complaints process and needs to be done before we can consider getting involved. Any other issues you have mentioned are historic and cannot be investigated for the reasons given under the scope of investigation within paragraphs 30 and 31 of our report. I understand this may be disappointing for you however we can only operate within the rules of the Housing Ombudsman Scheme. The reviews process can only consider the same issues that were brought to us originally and new matters cannot be added to this complaint.

 

I am satisfied that our investigation report adequately covered all the issues brought to us and the Orders issued will provide the necessary resolution once completed by the landlord. I have not found any new evidence or a valid challenge to the facts that would warrant a change in decision or the compensation.

 

Final Determination

 

I confirm the determination as noted above.

 

Final Orders and Recommendations

 

I confirm the orders as noted above with the addition of the below recommendation:

 

  • It is recommended the landlord provide the resident with evidence of its terms or contract with the cleaning /gardening service providers to highlight that service charges cannot be refunded.

 

Thank you for bringing this case to our attention. Subject to compliance with the determination, I shall now close this case.

 

 

Yours sincerely

 

 

 

Saba Masih

Adjudicator

 

CC: Notting Hill Genesis (NHG)

 

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