Incommunities Limited (202508539)

Background

1. The resident lives with his wife and son at the property since 2020. The property is in a block of flats with a communal entrance through an external iron gate that locks. The resident said the gate does not self-close, which allows people to enter the block and cause anti-social behaviour (ASB).

What the complaint is about

2. The complaint is about the landlord’s handling of:
   1. The resident’s reports of ASB.
   2. The resident’s complaint.

Our decision (determination)

3. We found:
   1. Reasonable redress in the landlord’s handling of the resident’s reports of ASB.
   2. No maladministration in the landlord’s handling of the resident’s complaint.

Summary of reasons

The landlord’s handling of the resident’s reports of ASB

4. The resident reported the communal gate of the block needed repairing because it allowed people to enter and cause ASB. The landlord repaired the gate and spoke to the resident. They agreed the gate repair would stop the ASB. The resident reported further incidents, and the landlord opened an ASB case. It visited the resident, did a risk assessment, and created an action plan. The landlord conducted spot checks on the block and worked with the police to monitor the area. It installed CCTV in the block and said it would consider replacing the gate with a self-closing one. When the resident said he wanted to move, the landlord changed his banding to the highest priority level it could. At stage 2, the landlord admitted it failed to signpost the resident to support agencies and offered £80 compensation.

The landlord’s handling of the resident’s complaint

5. The landlord acknowledged the resident’s complaint at stage 1 and 2 within its policy time. It extended the deadline for its full response and apologised for the inconvenience. The landlord sent the full response at both stages before the extended deadline.

Recommendations

Our recommendations are not binding, and a landlord may decide not to follow them.

The complaint procedure

What we found and why

The circumstances of this complaint are well known by the parties involved, so it is not necessary to detail everything that’s happened or comment on all the information we’ve reviewed. We’ve only included the key information that forms the basis of our decision of whether the landlord is responsible for maladministration.

What we did not investigate

6. The resident reported experiencing ASB since 2021. However, we did not find any evidence he completed the landlord’s formal complaint process until January 2025. To ensure fairness, we focussed this investigation on the complaint raised in October 2024 and the events leading up to the stage 2 response in January 2025.
7. The resident requested a move to a different property as resolution to the case. We cannot instruct the landlord to move the resident or decide how it allocates vacant properties. Instead, we focused our investigation on how the landlord responded to the resident’s concerns.
8. The resident reported the ASB had a detrimental effect on his and his family’s mental health. The courts are the most effective place for disputes about personal injury and illness. This is because independent medical experts can give evidence. While we considered the overall impact of the situation on the resident, we cannot decide causation or liability like a court can. If the resident wishes to pursue a personal injury claim, he may wish to seek independent legal advice.

What we did investigate

9. On 12 and 17 September 2024, the resident told the landlord the lock on the communal gate for the block was not working. He said this allowed people to enter and cause ASB, including people taking drugs, drinking, and sleeping in the communal areas. On both dates the landlord attended the same day and repaired the gate.
10. On 20 September 2024, the landlord spoke to the resident, and he agreed the gate was repaired and this should prevent any further ASB. The landlord told the resident to report any further incidents, so it could investigate.
11. The landlord’s ASB policy says when ASB is reported it can risk assess and agree on an achievable action plan. The policy also says it will make use of its CCTV service and work with partners such as the police.
12. On 1 October 2024, the resident reported ASB to the landlord. He said people were entering the block and drinking and using drugs in the communal areas.
13. On 3 October 2024, the landlord replied and said it reminded other residents of the block to keep the gate locked. It also said it would consider installing CCTV in the communal area. On the same day, the resident contacted his local councillor. He reported concerns the ASB had developed into racial targeting. The resident said he was living in fear and needed to move from the area.
14. On 8 October 2024, the resident said the priority banding on his housing application was incorrect. On the same day, the landlord visited the block and posted a reminder to all residents about the importance of keeping the communal gate locked.
15. On 13 October 2024, the landlord visited the resident at the property with the police to discuss the reports of ASB. It completed a risk assessment with the resident. The landlord agreed to change the resident’s banding to a higher priority and consider installing signs to remind residents to keep the gate locked. The landlord also agreed to explore installing CCTV at the block, and the police agreed to do more patrols in the local area.
16. At stage 1 the landlord explained installing CCTV at the block would take time. It assured the resident it would continue to work with him to reduce or resolve the ASB. It said it followed its policies and procedures. This was a reasonable response of the landlord.
17. On 29 October 2024, the police told the landlord during its patrols it had not seen youths in the area. On 30 October 2024 the landlord visited the resident and agreed on an action plan with him.
18. On 1 and 11 November 2024 the landlord visited the block and removed a homeless person from inside on both days.
19. On 25 November 2024, the resident said he was still experiencing ASB because the gate was being left open. The landlord told him the CCTV had been approved, and it would keep visiting the area. The evidence shows the landlord installed CCTV at the end of November.
20. On 5 December 2024, the resident told the landlord the ASB was ongoing. He said the landlord should check the CCTV and remove the homeless man from the block. The landlord said it would text all residents a reminder to keep the gate locked.
21. On 10 December 2024, the resident asked the landlord for information about the CCTV and how to review the footage. He also said he would like the landlord to move him to a new property.
22. At stage 2 the landlord said it responded to the resident’s reports of ASB in line with its policy. It visited the resident, agreed an action plan, and completed a risk assessment. It worked with the local police to check the block, and it installed CCTV. It told the resident to contact the landlord if there was an incident of ASB so it could review the footage. These were reasonable actions by the landlord.
23. The landlord’s compensation policy says compensation payments will be based on the circumstances of a case, and it will apply discretion and follow our guidance.
24. When a failure is identified our role is to consider whether the redress offered by the landlord put things right and resolved the resident’s complaint satisfactorily in the circumstances. We consider whether its offer of redress was in line with our dispute resolution principles: be fair, put things right and learn from outcomes. As well as our own guidance on remedies.
25. In summary, the landlord followed its policy in response to the ASB and increased the resident’s housing priority. At stage 2 the landlord recognised its failure to signpost the resident to support agencies, and it offered compensation. This was reasonable, put things right for the resident and is reasonable redress by the landlord.

26. The landlord’s complaints policy says it will acknowledge complaints at stage 1 and 2 within 2 working days. It says it will respond in full within 10 working days at stage 1 and 20 working days at stage 2. It also says if it requires more time to respond at either stage it will agree an extension with the resident. This is in line with our complaint handling code.
27. The landlord acknowledged the resident’s complaint within 2 days. It sent another response to say it would need a further 10 working days to reply. The landlord responded at stage 1 within the extended deadline.
28. The landlord acknowledged the resident’s complaint at stage 2 within 2 working days. It told the resident 17 working days later it needed further time to respond. It replied at stage 2 within the extended deadline.
29. In summary, the landlord extended its complaint responses at both stage 1 and 2 in line with its complaints policy and responded within those extended timeframes.

Learning

Knowledge information management (record keeping) and communication

30. The landlord demonstrated good record keeping and communication to the resident in respect of the matters we investigated in this case.