Harlow District Council (202100729)
REPORT
COMPLAINT 202100729
Harlow District Council
19 November 2021
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 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
- The complaint is about the landlord’s response to the resident’s concerns about hazardous items being left in communal areas.
Background and summary of events
Background
- The resident is a secure tenant of the landlord. The property is on the ground floor of a purpose-built block.
- The landlord’s Fire Safety Plan on Fire Risk Assessment for the property notes to ensure safe evacuation the evacuation routes must be kept free of flammable materials and obstructions at all times. It adds all possible fire exits must be kept free of all obstructions, both inside and out, and be available for use when required. It states fire exits are inspected daily by the mobile caretaker to ensure they are clear and operating correctly.
- The document further notes that there is no leaving refuse/bags/recycling outside of flat doors. If the block has a balcony area adjoining a flat, it is not to be used to store and accumulate rubbish, flammable items etc. It advises that the housing team manage this, if there are any hazards or risks that arise from such actions. It adds that there is no leaving of rubbish in communal areas and all routes, walkways, landings, corridors and exits to be kept sterile and free of any combustible / flammable material.
- The landlord’s fire safety policy updated in May 2020 states it will complete good housekeeping by ensuring its common ways and storage areas are kept clear and by carrying out enforcement where breaches occur. To ensure safe evacuation, communal routes in flat blocks must be kept free of ignition sources, flammable and combustible materials and obstructions at all times. It will enforce this with tenants and leaseholders where necessary by implementing the Tort and Clear policy.
- The Tort & Waste Removal Policy allows for the removal and storage of goods and waste and their disposal if not collected within 21 days of notification to the resident(s). The removal of waste within 7 days of identification or with 48hrs notice and/or immediate effect if the risk posed is considered to be very high.
Summary of events
- The landlord’s contractor carried out a fire risk assessment in May 2020. It was advised to remove a bike lock and ensure that the policy on the management of residents’ items in the communal areas was introduced, communicated, monitored, and enforced. A date for completion was set as 18 August 2020. The landlord updated its policy in the same month.
- There is also signage around the property notifying residents items should not be left in communal areas.
- The resident formally complained on 15 December 2020 stating an item (mattress) had been left in the communal area since 14 December and it was flammable waste. He advised that whilst signage had been left noting offenders would be prosecuted, it remained, and the contactors had failed to remove it within the hour. The resident complained further on 22 December noting that the item had been left in place for four days. He noted that this was a fire risk and the caretaker had failed in their duty to remove the items and the signage had no purpose.
- The resident pursued his complaint through the landlord’s complaints procedure, reiterating the aforementioned points.
- The landlord’s formal responses at stage 1 (4 January 2021) stage 2 (13 February) and stage 3 (10 March), noted that its cleaning contractor would remove small items and large items would be reported and a tort notice issued if necessary. All flammable items and waste would be removed immediately. It noted the items complained of had been removed on 18 December 2020. It explained the landlord’s Tort and Waste policy and that it had to comply with the Torts (Interference of Goods) Act 1977, giving the owner time to remove the goods before it did so. It noted all residents had received a letter to this effect to allow it to remove items with immediate effect.
Assessment and findings
- The resident has complained that a flammable item was left in the communal area for an extended period of time. The Ombudsman agrees that the item was a fire hazard, however in considering the complaint the Ombudsman has taken into account the landlord’s actions, response and policy and procedures as noted above.
- Following the discovery of the item, the landlord provided a notice in line with both its Tort and Waste policy and the relevant act. The landlord was able to give the owner seven days’ notice to remove the item, however it did so in four days.
- Whilst the resident is dissatisfied with this, it is clear from the fire risk assessment of May 2020 that the landlord took on board the recommendations and updated its policy. Additionally, before enforcement action can be taken the landlord has to follow its policy and procedures and it has done so in this case.
- The landlord has further advised residents that it will now be removing items with immediate effect. This is representative of its consideration of the resident’s concerns and reasonable.
- The Ombudsman does appreciate the resident’s fears in relation to the risk of fire, however the landlord’s actions and response to the complaint were both clear and precise and there was no maladministration.
Determination (decision)
- In accordance with paragraph 54 f the Housing Ombudsman Scheme there was no maladministration in the landlord’s response to the resident’s concerns about hazardous items being left in communal areas.
Reasons
- The landlord followed its policies and procedure once it became aware of the discarded item and subsequently removed this from the communal area in four days. It also wrote to all residents advising any further items would be removed with immediate effect.