Citizen Housing Group Limited (202341404)
|
Decision |
|
|
Case ID |
202341404 |
|
Decision type |
Investigation |
|
Landlord |
Citizen Housing Group Limited |
|
Landlord type |
Housing Association |
|
Occupancy |
Assured Tenancy |
|
Date |
27 April 2026 |
Background
- The resident lives in a flat within a block. He complained about the landlord’s response to his reports of rubbish and flytipping in communal areas.
What the complaint is about
- The complaint is about:
- the landlord’s response to the resident’s reports of rubbish and fly tipping.
- its complaint handling.
Our decision (determination)
- There was service failure in the landlord’s response to the resident’s reports of rubbish and fly tipping.
- There was service failure in its complaint handling.
We have made orders for the landlord to put things right.
Summary of reasons
- The landlord did not take timely or focused action to address rubbish and fly tipping. It did not give clear evidence to show how its inspections or follow up action addressed the resident’s reports.
- Delays, confusion over escalation, and unclear responses meant the landlord did not properly address the complaint. The compensation it offered did not fully put things right.
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.
|
Order |
What the landlord must do |
Due date |
|
1 |
Apology order The landlord must apologise in writing to the resident for the failures identified in this report. The landlord must ensure:
|
No later than 26 May 2026 |
|
2 |
Compensation order The landlord must pay the resident £150 made up as follows:
This must be paid directly to the resident by the due date. The landlord must provide documentary evidence of payment by the due date. The landlord may deduct from the total figure any payments it has already paid. |
No later than 26 May 2026 |
|
3 |
The landlord must provide the resident and us with a clear written explanation that sets out:
|
No later than 09 June 2026 |
Our investigation
The complaint procedure
|
Date |
What happened |
|
13 November 2023 |
The resident complained that the landlord had not responded to his email of 2 October, in which he reported rubbish in the car park. He had asked the landlord who was responsible for grounds maintenance. |
|
12 December 2023 |
The landlord acknowledged the stage 1 complaint and said it would respond by 28 December 2023. |
|
27 December 2023 |
The landlord sent its stage 1 response. It said its staff had removed ivy and reopened a closed pathway. Routine gardening work was ongoing. It would complete more work in February and March. It offered £30 compensation for poor communication. |
|
9 January 2024 |
The resident escalated the complaint to stage 2. He asked for a timetable for recommended works. He complained about the complaint process, saying that the landlord had ignored previous stage 1 and stage 2 complaints. |
|
10 January 2024 |
The landlord acknowledged the stage 2 complaint. It said it would respond by 7 February 2024. |
|
6 February 2024 |
The landlord responded to the stage 2 complaint. It said it had completed work, including clearing waste and ivy and reopened a pathway. It re-offered compensation of £30. |
|
Referral to the Ombudsman |
The resident said it had been over 4 months since his first contact with the landlord. He said the rubbish was still there. The landlord had not given him dates or timeframes for when it would be cleared. |
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.
|
Complaint |
The landlord’s response to the resident’s reports of rubbish and fly tipping. |
|
Finding |
Service failure |
- The landlord’s Estate Management Policy says it will deal with environmental crime, including fly‑tipping, where it is responsible. It also says it will work with local enforcement agencies. Its Repairs and Maintenance Policy says it will carry out cyclical maintenance and regular inspections.
- Between 26 September and 23 December 2023, the resident made 7 reports about rubbish at the block. These reports included bulky items such as sofas and mattresses.
- The landlord’s repair logs show it raised 6 works orders for rubbish clearance during this period. It has marked all works orders as closed. However, the records do not show when the landlord completed the work. They also do not show whether the reports related to separate instances or repeated reports of the same rubbish.
- The landlord carried out an estate inspection on 13 December 2023. It said it shared feedback with the estates manager. It would include any follow up action in the winter works plan for January 2024.
- The stage 1 and stage 2 responses do not clearly explain what action the landlord took to deal with rubbish and fly tipping. Both responses focus on landscaping work, such as ivy removal, clearing a pathway and general gardening. They do not clearly confirm whether the landlord removed waste from the car park.
- The stage 2 response says that work was complete and that waste was cleared. However, it does not give dates, details, or evidence. Because of this, it is difficult to match the landlord’s account with the resident’s reports that rubbish was still on site in February 2024.
- We have not seen evidence that the landlord worked with local enforcement agencies or the local authority to deal with flytipping. This is not in line with its policy.
- The resident says the problems with fly tipping and rubbish continued for a long time. He says the waste affected the condition of the building and attracted pests. This caused him distress. He also says the repeated need to raise the issue left him feeling worn down.
- Overall, the landlord did not show that it took timely or focused action to deal with rubbish and fly tipping. It did not give clear evidence to show how its inspections, works orders, or follow‑up action resolved the issues raised or reduced the problem. Its compensation offer did not reflect the resident’s time and trouble and did not go far enough to put things right. For these reasons, there was service failure in the landlord’s response to the reports of rubbish and fly tipping.
|
Complaint |
The handling of the complaint |
|
Finding |
Service failure |
- The landlord’s Complaint Policy is compliant with our Complaint Handling Code (the Code). It says it will acknowledge a complaint within 5 days and respond within 10 working days at stage 1 and 20 working days at stage 2.
- The landlord’s compensation framework allows it to make discretionary payments. It can do this where service failure causes distress, inconvenience, or extra time and effort. The framework also allows payments of up to £250. This applies where problems continue for some time but do not cause lasting harm.
- The landlord logged a quick‑resolution complaint on 13 November 2023. It set a response date of 16 November 2023. At stage 1, it accepted that it did not issue the response within this time. While the landlord met its policy timescales once it formally logged the complaint, there were shortcomings earlier in the process.
- The evidence shows delay and confusion about escalation. The resident says he asked to escalate the complaint to stage 2 on 11 December 2023. He later received a stage 1 response. This left him unsure whether the landlord had progressed the complaint. We have not seen evidence to confirm the earlier request to escalate. Even so, the landlord’s records and communication did not give the resident clear information or confidence about how it was handling his complaint.
- The landlord accepted that it failed to communicate properly at both stage 1 and stage 2. It offered £30 compensation. While it was right to recognise a service failure, the responses did not address the key issues raised by the resident.
- The landlord did not clearly explain delays or confusion in how it handled the complaint. It did not deal with the resident’s concerns about repeated non‑responses, problems with escalation, or his request for clear timescales for rubbish clearance. It limited compensation to poor communication. It did not consider the wider impact of the failures or how long the issue remained unresolved.
- At stage 1, the landlord accepted that it failed to email the resident by 16 November 2023. The response showed little evidence of learning or improvement. At stage 2, the landlord upheld its earlier response and compensation offer. It did not address the resident’s ongoing concerns or explain why the remedy was appropriate.
- The complaint handling affected the resident’s confidence in the process. Delays and unclear communication caused and increased the time and effort needed to get a response.
- Overall, the landlord did not handle the complaint effectively. Delays, confusion over escalation, and unclear responses meant it did not properly address the resident’s concerns or show learning. For these reasons, there was service failure in its complaint handling.
Learning
- Where policy commits to partnership working, actions taken need to be documented so they are visible, accountable, and capable of review.
Knowledge information management (record keeping)
- Clear records are essential to show when reported issues are addressed, including completion dates and whether works relate to new or repeat reports.
Communication
- Clear explanations in complaint responses help residents understand what action has taken place, particularly where reports relate to ongoing or repeated issues.