Clarion Housing Association Limited (202014874)

REPORT

COMPLAINT 202014874

Clarion Housing Association Limited

6 July 2022

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 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

1. The complaint is about:
   1. The landlord’s handling of the resident’s concerns regarding nuisance from her neighbour’s cats.
   2. The landlord’s complaint handling.

Background

2. The resident is a tenant of the landlord.
3. During May 2020, the resident reported an issue to the landlord regarding her neighbour’s cats. She was dissatisfied that the cats were scratching her car, and continuously sleeping on her car and doorstep. The resident further added that the cats were fouling on her doorstep and to the right side of her fence, which she persistently had to clean up.
4. The landlord responded to the resident in May 2020, explaining that its options were limited regarding what it could do to resolve the issue with the neighbour’s cats. However, it did suggest to the resident to speak to the neighbour to try and come to an amicable solution regarding the nuisance. The landlord further suggested that the resident carry out an internet search to purchase cat deterrents around the car and property, as cats were put off by certain scents and smells. The resident responded by saying that she had made attempts to speak to the neighbour, but they was dismissive of her concerns, and the cats continued to be present at her property despite her spraying around the property.
5. There were then no further reports about the cat nuisance recorded by the landlord until February 2021, when it noted internally that it needed to process a tenancy breach by the neighbour, as their cat beds and bowls were at the front instead of the back of their property, with the cats continuing to sleep on and damage the resident’s car. It added that the neighbour had dismissed the resident’s polite request that they stop this, and that its permission for their cats might be withdrawn if its policy was not adhered to. Although the resident reported that the landlord was still not taking any action to resolve the issue, which it had agreed to investigate, despite her contacting it about this on many occasions.
6. During March and April 2021, the resident raised formal complaints with the landlord due to the neighbour’s cats continuing to scratch her car, and foul on her doorstep, daily. She further explained that the scratches on her car amounted to £250 worth of damage, which her husband had to pay for. As a resolution, the resident wanted the cats to be removed from the entirety, or at least the front, of her neighbour’s property.
7. In response to the resident’s complaints, in March and June 2021 the landlord again informed her that its options were limited due to cats having a right to roam, with its inspection finding the only cause of concern to be the cat bowls on the neighbour’s driveway. But it offered to send a letter to the neighbour asking for the cats’ feeding area to be adjusted, and to take measures to prevent the cats from negatively impacting neighbours, while confirming that it could not reimburse her for their damage to her car, as this was an insurance matter. The landlord also offered £25 compensation to be paid into the resident’s rent account, as recognition for the delayed final stage complaint response.
8. The resident was dissatisfied with the landlord’s final stage complaint response, explaining that it had not resolved the issues, as the cats were continuing to cause nuisance by scratching her car, and fouling on her doorstep. She further expressed that, on numerous occasions, she had to purchase cat spray and doormats, and was burdened with cleaning up after the cats despite her being unwell. Due to her dissatisfaction, she referred her complaint to the Ombudsman.

Assessment and findings

Scope of investigation

9. While the resident seeks the removal of her neighbour’s cats, under the Housing Ombudsman Scheme, this Service will not investigate matters where the Ombudsman considers it quicker, fairer, more reasonable or more effective to seek a remedy through the courts, other tribunal or procedure, or where the outcome is not within our authority to provide. We cannot determine whether the reported cat nuisance requires legal enforcement action outweighing the cats’ right to roam. These are legal questions which are more suitable for the courts to decide, as they have the expertise and legally binding powers to make determinations in such issues, and we do not. However, this Service can investigate the landlord’s handling of the resident’s concerns regarding nuisance from her neighbour’s cats, and its complaint handling.

The handling of the resident’s concerns regarding the nuisance of her neighbour’s cats

10. The landlord’s assured shorthold tenancy agreement states that the resident, its family, friends and relatives or anyone living with or visiting the resident (including children and pets) must not do anything which causes or is likely to cause a nuisance or annoyance to other persons in or around the building where you live, the estate where you live, its neighbourhood or any other Clarion housing estate. It further adds that the resident agrees not to allow any pet or animal in or at the home, whether it is the residents, or another family members’ or visitors, to cause a nuisance or annoyance to the neighbours, or to foul in the home, or any shared areas, estate roads, playgrounds, car parks or any other part of the neighbourhood. If they do, you must clear it up straight away. If a pet or other animal causes a nuisance then the landlord may withdraw permission for the resident to keep a pet and the resident must immediately cease to keep it at their home.
11. The landlord’s anti-social behaviour (ASB) policy states reports due to different lifestyles or every-day living situations which are not intended to cause nuisance or annoyance are not generally considered as ASB.
12. When the landlord received further reports from the resident of nuisance from the neighbour’s cats, it should have investigated the incident, given the other alleged tenancy breaches and corresponded with the neighbour. It could have done so by speaking to the neighbour and other local residents, and by carrying out further inspections of their and the resident’s properties to confirm whether there any tenancy breaches.
13. It is also concerning that the landlord delayed offering to send a letter to the resident’s neighbour, to ask them to modify their behaviour, from May 2020 until its final stage complaint response in May 2021. As the resident had expressed concerns that the landlord was not resolving her issues, interviewing the neighbour, sending the letter and taking any other action earlier, would have given the reassurance that these concerns were being thoroughly dealt with.
14. In addition, the landlord’s responses to the resident’s reports of nuisance from her neighbour’s cats from May 2020 onwards failed to address the reported breaches of their tenancy agreement, by allowing their cats to cause nuisance or annoyance to neighbours and fouling in the neighbourhood without clearing this up straight away. As per its tenancy agreements, its residents are not permitted to allow such nuisance, annoyance or fouling by their pets, and are responsible for clearing the latter up straight away, but there is no indication that it made this clear to the neighbour. This would also have removed the onus on the resident to continuously clean up after the neighbour’s cats.
15. Moreover, there is no evidence that the landlord applied its permissions policy to the neighbour’s cats, as requested by the resident and suggested by it internally in February 2021. This is despite that policy stating that irresponsible pet ownership could cause a nuisance to other tenants, so that it reserved the right to revoke its permission to keep pets. While it may have been disproportionate for the landlord to have revoked this permission from the neighbour in response to the resident’s reports of nuisance from their cats, it is of concern that it did not at least warn them of the possibility of this during the course of the year that the nuisance was reported.
16. The landlord nevertheless responded reasonably to the resident’s report of incurring damages from the nuisance, when it told her in March 2021 that it was unable to reimburse her £250 for the scratch to her car caused by the neighbour’s cats. This is because it is the responsibility of insurers to determine liability for damage to vehicles.
17. However, overall there was some service failure by the landlord. In order to assist with resolution of the matter it should consider arranging mediation between the parties.
18. The landlord should also provide the resident with compensation, to reflect the distress and inconvenience experienced by her. This ought to be in line with amounts recommended by its compensation policy and this Service’s remedies guidance and its failure in handling her concerns regarding the nuisance from her neighbour’s cats and initiating correspondence with the neighbour sooner.

Complaint handling

19. The landlord acknowledged that it failed to respond to the resident’s final stage complaint of 22 April 2021 within a reasonable timescale of 20 working days, as is required in its complaints policy, as it instead replied to this 14 working days later than this on 11 June 2021. It took appropriate steps, however, by taking ownership of this errors and apologising to her for its delayed final stage response.
20. Moreover, the landlord contacted the resident on 17 May 2021 and set a new timeframe for the response to 15 June 2021, which was adhered to. It was appropriate for it to recognise potential delays and set a new timeframe, in line with its complaints policy and this Service’s Complaint Handling Code.
21. In addition, given that the delay in providing the final stage complaint response was not very excessive, the landlord’s offer of £25 compensation to be paid into the resident’s rent account was both reasonable and proportionate redress for any detriment experienced by her. This is because it recognised this acknowledged service failure in accordance with its compensation policy, which it ought to pay her if it has not yet done so.

Determination

22. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in the way it handled the resident’s concerns regarding nuisance from her neighbour’s cats.
23. In accordance with paragraph 55(b) of the Housing Ombudsman Scheme, the landlord has offered redress to the resident prior to investigation which, in the Ombudsman’s opinion, resolves the complaint in relation to its complaint handling satisfactorily.

Orders and recommendations

Orders

24. The landlord is ordered to:
    1. Pay the resident £50 compensation within 28 days in recognition of the distress and inconvenience caused to the resident by its failure in handling her concerns regarding the nuisance from her neighbour’s cats and initiating correspondence with the neighbour sooner.
    2. Pay the resident the £25 compensation into her rent account that it previously offered for its final stage complaint response delay, if it has not already done so.

Recommendation

25. It is recommended that the landlord:
    1. Consider offering the resident mediation as a remedy should the resident still be experiencing nuisance from her neighbour’s cats.
26. The landlord shall contact this Service within four weeks to confirm that it has complied with the above orders and whether it will follow the above recommendations.