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Network Homes Limited (202125240)

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REPORT

COMPLAINT 202125240

Network Homes Limited

 

19 August 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 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 the landlord’s handling of the resident’s concerns about the condition, safety and security of her garden when she moved into her property.

Background

  1. The resident is a tenant of the landlord.
  2. On 16 November 2021 the resident raised a complaint about the condition and the safety of her garden. She explained that when she first moved in of the property, there was no fencing around the drive, only small planks of wood, which would not make her children safe, due to the children being likely to fall off the planks. She further added that the front and back garden had uneven flooring, and the fence at the back of her house was “not fit for purpose.” She was also concerned with the lack of CCTV and lighting, and was displeased that her children were unable to play in the garden, due to sharp bushes and objects. She added that she had been quoted £2,000 to clear the front and back garden. She further stated that the landlord was not prioritising her safety, and as a victim of domestic violence, she expected her home to be safe for her and her children.
  3. The landlord explained that the repairs for the fencing for the drive were completed, and the front and back garden gate were her responsibility to maintain, as well as the lighting and CCTV. It did however state that police could assist her with security measures, and she could get CCTV at her own expense, if she requested permission for this. The resident was “disappointed” about the lack of concern for her health and safety, from the landlord’s response, and was dissatisfied that it failed to acknowledge the impact it was having on her children. She further stated that she wanted someone senior to investigate her complaint, and wanted the landlord to inspect her property, before it made any decisions.
  4. The landlord issued its stage one response to the complaint on 2 December 2021. It stated that the property, including the garden, was inspected once garden works were completed. The planks were installed to deter people from getting too close, and were not designed for people to climb on. It also stated that that there was a metal gate leading to the garden and fence around the boundary, and that any additional works such as extra locks were the resident’s responsibility to fit if she wished to. It also confirmed that her garden was strimmed and cut prior to her moving in and but it was her responsibility to maintain it going forward. Furthermore, it apologised that rubbish was left behind in her garden when she moved in, and advised its contractors of this, but reiterated that the garden and fence works were completed sufficiently at handover, and any additional work was her responsibility.
  5. The resident was “speechless” at the landlord’s lack of consideration for her children’s health and safety. She was also dissatisfied that no one had inspected her property, as she requested and felt that her concerns were not taken seriously. She added that her garden requires “real work” to ensure that safety standards are met, and she should not have to pay thousands of pounds to fix a property she recently moved in to. She said that the main focus of her complaint, was to ensure the health and safety of her children.
  6. The landlord’s final complaint response was issued on 7 January 2022. It stated that it understood the resident’s reason for wanting security, due to her previous experiences, but it was under no obligation to provide CCTV or lighting. It did however, provide her with £250 worth of vouchers to assist with the cost of this. Moreover, it added that essential repairs had been completed but building another fence would be classed as an improvement, which it was not willing to consider. It also stated that she accepted the property with the fence and back gate when she moved, and any alterations would also be classed as an improvement. Furthermore, it had seen no evidence from the photos she sent of the garden, of any health and safety issues or trip hazards. Therefore, it would not be carrying out any works.
  7. The resident stated that she had hired a gardener on 7 February 2022, who stated that the garden was “not safe for children” due to the sharp and broken slabs of cement, and the uneven ground. She further added that it would cost “thousands” to complete works to make it safe. She was “deeply saddened” that the landlord gave her a home with a “dangerous” garden and was dissatisfied that it refused to inspect her property to investigate her concerns of health and safety. She added that she found the lack of safety measures “extremely unsettling”, thus brought her complaint to this Service in view od the ongoing issues with the garden.

Assessment and findings

  1. Under the landlord’s repairs policy, it has a responsibility to maintain the structure and exterior of the outside of the resident’s property, such as fences. It is under no obligation to make improvements or alterations to a property. However, if the resident has expressed concern that their property is a health and safety risk, the landlord must take all reasonable steps to investigate her concerns, and assess whether any work should be done to ensure the safety of the resident and her children.
  2. Therefore, the resident had a reasonable expectation that the landlord would thoroughly investigate her reports of her garden being in an unsafe condition. It failed to meet her expectation, by declining to inspect the condition of her garden. It would have been appropriate for the landlord to do its due diligence, and inspect the condition of her garden, instead of relying on the photos she provided.  Due to the lack of inspection from the landlord, the resident had hired her own gardener, who concluded that the garden was unsafe, and would cost thousands of pounds to fix. It would have been reasonable for the landlord to contact her gardener, and consider their findings, before determining whether it would conduct works to the garden. Therefore, to put things right for the resident, it has been ordered below that the landlord conducts an inspection of her garden, and provide her with the outcome, and to invite her to submit estimates of the work required to resolve any health and safety issues affecting her garden.
  3. Moreover, the landlord was aware of the resident’s previous history with domestic violence, and her desire to live in a safe and secure property. While there are no specific security measures for the landlord to carry out for the resident, it is concerning that it failed to carry out a risk assessment of the property, or liaise with other agencies such as the police about the security of her property. Therefore, it has been ordered below that the landlord conduct a risk assessment of the property, and liaise with other agencies, and provide its outcome to the resident. The outcome of this may be that the landlord will not provide any additional security measures but if this is the case, the landlord should explain the reasons why clearly to the resident, with reference to the risk assessment.
  4. Under the landlord’s void lettable standards, it has a responsibility to ensure that a property is in reasonable and safe condition before a resident moves in. All rubbish including litter and debris must be cleared away. The landlord failed its obligation under the void lettable standards, by not removing the plastic items from the garden, before the resident moved in. It should have done its due diligence and ensured the property was tidy, before she moved in. It did however, suitably attempt to put things right by informing its contractors of the plastic items that were left behind.
  5. This Service’s remedies guidance (published on our website) suggests awards of £250-£700 compensation in cases where the Ombudsman has found considerable service failure or maladministration, but there may be no permanent impact on the complainant. Examples include failure over a considerable period of time to act in accordance with policy – for example to address repairs. The landlord failed to act accordingly to address the resident’s concerns of her garden being a health and safety risk, such as inspecting her garden or conducting any risk assessment. It also should have considered the resident’s history of domestic abuse, and liaised with other agencies to discuss her options. These service failings led the resident to believe that the landlord lacked concern for her issues, and caused her distress and inconvenience. Therefore, to put things right for the resident, it has been ordered below that it award her £300 compensation.

Determination

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was maladministration by the landlord in way it handled the resident’s concerns about the condition, safety and security of her garden when she moved into her property.

Orders

  1. The landlord is ordered to:
    1. Pay the resident £300 compensation within four weeks in recognition of any distress and inconvenience caused to her by its failures in handling her concerns about the condition, safety and security of her garden when she moved into her property.
    2. Conduct an inspection of her garden, and provide her with the outcome, and to invite her to submit estimates of the work required to improve her garden.
    3. Conduct a risk assessment of the property, and liaise with other agencies, and provide its outcome to the resident.
  2. The landlord shall contact this Service within four weeks to confirm that it has complied with the above orders.