Curo Places Limited (202322883)
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Decision |
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Case ID |
202322883 |
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Decision type |
Investigation |
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Landlord |
Curo Places Limited |
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Landlord type |
Housing Association |
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Occupancy |
Assured Tenancy |
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Date |
27 April 2026 |
Background
- The resident has access to a communal car park on the estate. She said her neighbours planted trees, put in a bench, and left rubbish in the car park. She said someone had damaged her car and she did not feel safe in her property.
What the complaint is about
- The complaint is about the landlord’s handling of the resident’s:
- Reports of trees planted in the communal car park.
- Reports of a bench and fly-tipping in the communal car park.
- Report of damage to her car and her subsequent request for CCTV.
- Complaints.
Our decision (determination)
- We have found there was:
- No maladministration in the landlord’s handling of the resident’s reports of trees planted in the communal car park.
- Maladministration in the landlord’s handling of the resident’s reports of a bench and fly-tipping in the communal car park.
- No maladministration in the landlord’s handling of the resident’s report of damage to her car and her subsequent request for CCTV.
- Maladministration in the landlord’s handling of the resident’s complaints.
We have made orders for the landlord to put things right.
Summary of reasons
Reports of trees planted in the communal car park
- The landlord explained to the resident it had agreed for neighbours to plant trees in the car park in line with its estate management policy.
Reports of a bench and fly-tipping in the communal car park
- The landlord did not proactively update the resident about its investigation into her reports of a bench in the car park. It did not support the resident by reporting the fly‑tipping to the council, in line with its online guidance and estate management policy.
Reports of damage to her car and her subsequent request for CCTV
- The landlord communicated with the police about the resident’s report of damage to her car, it signposted her to support, set out housing options and its position on her request for CCTV.
The handling of the resident’s complaints
- The landlord acknowledged its delay sending the stage 2 response. However, it did not recognise the delay in sending its stage 1 response, in line with its complaint policy.
Putting things right
Where we find service failure, maladministration or severe maladministration we can make orders for the landlord to put things right. We have the discretion to make recommendations in all other cases within our jurisdiction.
Orders
Landlords must comply with our orders in the manner and timescales we specify. The landlord must provide documentary evidence of compliance with our orders by the due date set.
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Order |
What the landlord must do |
Due date |
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1 |
Apology order The landlord must apologise in writing to the resident for its handling of the car park bench, the request for a managed move, and the report of fly-tipping. The landlord must ensure:
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No later than 25 May 2026 |
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2 |
Compensation The landlord must pay the resident £200 made up as follows:
The landlord must pay the compensation direct to the resident and provide documentary evidence of payment by the due date. It may deduct from the total figure the £50 payment it had offered for the handling of the complaint, if it can evidence this has already paid. |
No later than 25 May 2026 |
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3 |
Specific action The landlord must write to the resident by the due date to provide an update on its investigation about the bench in the car park. It must provide us with a copy of the letter. |
No later than 25 May 2026 |
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4 |
Learning The landlord must write to the resident and set out what it has learnt about its handling of reports of fly tipping, and its complaint handling. It should set out what actions it will take to prevent the same failures from happening again in the future. |
No later than 25 May 2026 |
Recommendations
Our recommendations are not binding, and a landlord may decide not to follow them.
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Our recommendations |
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We recommend the landlord contacts the resident about her request for a managed move. |
Our investigation
The complaint procedure
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Date |
What happened |
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20 January 2023 |
The resident complained to the landlord that neighbours were due to plant memorial trees in the communal car park. |
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23 January 2023 |
The landlord sent its stage 1 response. It said it had agreed residents could plant trees where it had previously cut 2 down. |
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2 February 2023 |
The resident escalated the complaint, but the reasons for this were not clear. |
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21 February 2023 |
The landlord sent its stage 2 response. It repeated what it said at stage 1. |
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26 May 2023 |
The resident complained about the landlord’s handling of her reports of damage to her car, that neighbours had planted trees, put in a bench, and were fly tipping in the communal car park. |
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14 July 2023 |
The landlord sent its stage 1 response. It maintained its position on the trees. It said:
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Between 26 July 2023 and 30 August 2023 |
The resident escalated her complaint as she felt there was a lack of support from the landlord about her reports of planted trees, fly-tipping, a bench put up in the car park and damage to her car. |
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26 September 2023 |
The landlord sent its stage 2 response. It repeated what it had said at stage 1. It offered her compensation of £50 for its delay in handling the escalation of her complaint to stage 2. |
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Referral to the Ombudsman |
The resident wanted the landlord to install CCTV as a measure to prevent people vandalising her car again and for it to pay compensation for the damage to her tyres, and the upset caused by the landlord’s handling of her reports about the trees. She wants a managed move. |
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.
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Complaint |
The landlord’s handling of reports of trees planted in the communal car park |
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Finding |
No maladministration |
- Between 14 January to 19 January 2023, the resident reported to the landlord that neighbours were going to plant memorial trees in the communal car park. The landlord responded to the resident within 4 working days. It said it had agreed to this on the basis the trees were not in memoriam. It later explained this meant there should be no plaque or shrine. This was in line with its estate management policy that said it would consider the suitability of a request to plant a tree.
- The resident reported her neighbours treated the trees as if these were a memorial. She said the neighbours had held a vigil, placed lights and a fence around the trees. The landlord considered a photograph of the trees, visited the communal area, and investigated what happened. It found neighbours had placed solar lights to show car park users where the border was. They had also installed a fence while the trees settled. It explained to the resident this was not breach of its agreement.
- The landlord’s continued assessment of the trees was in line with its estate management policy to assess the suitability. It responded promptly to the resident’s concerns and explained its position in its complaint responses. Considering the above, we have found no maladministration in its handling of the reports about the trees.
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Complaint |
The landlord’s handling of reports of a bench and fly-tipping in the communal car park |
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Finding |
Maladministration |
- Between 27 April to 15 May 2023, the resident reported to the landlord that neighbours had left rubbish and put up a bench in the communal car park.Within 4 working daysthe landlord responded to the report. It visited the area and explained to the residentit could not find the bench she referred to. It said it would continue to investigate if there was a bench and if this caused an issue in the car park.
- On at least on 4 occasions between 15 May and 30 August 2023, the resident continued to report to the landlord that there was a bench in the car park. The landlord did not proactively keep the resident updated about its investigation into the bench in the car park. There is no evidence since the complaint response that it updated her about its investigation of the bench in the car park.
- The resident reported fly-tipping on 15 May 2023. The landlord responded within 5 working days and explained to the resident that as her reports of fly tipping were about non-residents, it had “no power to enforce any action”. It said she would need to report this to the local authority. This was not in line with its online guidance about fly tipping and its estate management policy. This said residents could report who was responsible for fly tipping to the landlord. The landlord would use this information to work with the local authority to challenge the alleged perpetrators.
- The landlord sent a letter to its residents that it moved the bins to the back of the car park to reduce fly-tipping. This was a reasonable attempt to remedy the issue of fly-tipping.
- In the landlord’s complaint response, it did not acknowledge its failure to proactively update the resident about its investigation into her report of a bench in the car park. It also did not acknowledge its failure to gather information about fly-tipping and report it to the local authority in line with its online guidance. This was not in line with our dispute resolution principles to be fair, put things right and learn from outcomes.
- We have ordered the landlord to write to the resident to apologise and set out what it had learnt from its handling of her report of fly-tipping. We have also ordered it to write to the resident to update her on its investigation into the bench in the car park. The resident explained to us that the fly-tipping had since been resolved.
- In line with our compensation guidance, we have ordered the landlord to pay the resident £100. This recognises the distress and inconvenience caused by its lack of proactive updates to her about its investigation into the bench in the car park, where there had been no permanent impact to her.
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Complaint |
The landlord’s handling of reports of damage to her car and her subsequent request for CCTV |
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Finding |
No maladministration |
- On 26 February 2023 the resident reported that someone drilled screws into her tyres. She said she felt this was racially motivated. Within a day, the landlord responded to her. It said it would contact the police about their investigation before deciding its next steps. This aligned with its tenancy compliance policy to work with the police when assessing antisocial behaviour (ASB) reports.
- The police explained to the landlord that as there was no evidence of who had damaged her tyres, it could not take further action. The landlord explained this to the resident and that it also could not act where there was no evidence. This was in line with its tenancy compliance policy that says it may not be able to investigate reports of ASB where it is not known who the alleged perpetrator is, or there is not enough evidence.
- The landlord made a referral on the resident’s behalf to a charity that provided support for hate crime victims. This was in line with its tenancy compliance policy to work with agencies to support victims of ASB.
- The resident said she felt unsafe and wanted to move. Within a day, the landlord signposted her to information on how to join the housing register and to consider a mutual exchange of the property. This was in line with its management transfer policy.
- The landlord explained it would not compensate for her car damage, and she would need to speak with her car insurer. This was in line with its compensation policy that said it would not pay compensation for loss or damage that is the fault of someone else.
- The landlord explained to the resident it would not install CCTV due to the costs involved. There was no obligation for the landlord to provide CCTV, but it explained to her that she could request permission to install a camera and gave her a consent form.This was in line with its tenancy compliance policy to prioritise the safety of the resident.
- The resident has explained to us that she would like a managed move. We have made a recommendation for the landlord to discuss this further with the resident.
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Complaint |
The landlord’s handling of the complaint |
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Finding |
Maladministration |
- Our Complaint Handling Code (the Code) sets out when and how a landlord should respond to complaints. The relevant Code in this case is the 2022 edition.
- The landlord has a 2-stage complaint process. It aims to acknowledge stage 1 complaints within 3 working days and send the resident a stage 1 response within 10 working days. At stage 2, the resident should receive a response within 20 working days.
- The landlord had met the timescales set out in its complaint policy when it answered the resident’s complaint from 20 January 2023.
- The landlord did not acknowledge the resident’s complaint raised on 26 May 2023. It sent its stage 1 response 34 working days after this, and it sent its stage 2 response 44 working days after her escalation. These response times fell outside of its complaint policy. This required a stage 1 response within 10 working days and to provide a stage 2 response within 20 working days of the escalation.
- In the landlord’s complaint response, it apologised for the delay of its stage 2 response and offered the resident £50 compensation for this. This went some way to recognise the distress and inconvenience caused to her. However, it did not recognise the failure to acknowledge and respond to the stage 1 complaint in time or outline steps to avoid this happening again. This was not in line with our dispute resolution principles.
- We have made orders for the landlord to write to the resident with its learning and to pay her £100 compensation. This is inclusive of the £50 it offered in its complaint response. This is to recognise the distress and inconvenience caused to her as she chased the landlord for a response. This is in line with our compensation guidance where it had not the detriment caused to the resident for the overall failing of its complaint handling.
Learning
- It would have been in line with our dispute resolution principles of learning from outcomes for the landlord to set out its learnings in its complaint response. This was a missed opportunity to do so.
Knowledge information management (record keeping)
- Our Knowledge and Information Management (KIM) Spotlight report recommends that landlords keep clear records. The landlord’s records about the complaint were unclear at times. This could have affected its ability to respond on time.
Communication
- Our Attitudes, Respect and Rights Spotlight report recommends that landlords provide proactive updates to residents. The landlord had not updated the resident about its investigation and response about the bench. This likely contributed to her distress and inconvenience when she was expecting a response.