Notting Hill Genesis (202450359)
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Decision |
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Case ID |
202450359 |
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Decision type |
Investigation |
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Landlord |
Notting Hill Genesis |
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Landlord type |
Housing Association |
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Occupancy |
Secure Tenancy |
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Date |
26 May 2026 |
Background
- The resident moved into the property and reported several repairs to the landlord 1 week later. These included kitchen plumbing faults, unsafe electrics, rotten windows, and damp and mould. He said the property was cold and that there was insufficient bathroom tiling, which allowed water to ingress into the electrical cupboard below. He also reported that the cleaners were not attending to the communal areas. He was unhappy with the landlord’s communications and its actions to resolve his concerns.
What the complaint is about
- The landlord’s handling of the resident’s:
- reports of various repairs, damp and mould
- communal cleaning concerns
- complaint
Our decision (determination)
- We have not investigated the resident’s complaint about his reports of various repairs, damp and mould because it is outside of our jurisdiction.
- There was service failure in the landlord’s handling of the resident’s:
- communal cleaning concerns
- complaint
We have made orders for the landlord to put things right.
Summary of reasons
Reports of various repairs, damp and mould
- We cannot investigate issues which are also subject to legal proceedings or where matters at court are connected so closely to the complaint, they cannot be separated. In this case, we can see legal proceedings were issued at court on 7 April 2026. The matters at court relate to the property condition, repairs, damp and mould. We cannot investigate the complaint without considering the same matters the court would also look at. That means we have no power to investigate the complaint.
Communal cleaning
- The landlord did not see through its stage 1 commitment to meet the resident and discuss his concerns. There is no evidence it completed its investigation and shared its findings. However, it agreed to not charge the resident for missed cleaning visits.
Complaint handling
- The landlord did not acknowledge the resident’s stage 1 complaint, or issue either of its responses within the timeframes set out in the Complaint Handling Code (the Code). Its final compensation offer did not go far enough in putting 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.
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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 the failures identified in this report. The landlord must ensure:
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No later than 23 June 2026 |
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2 |
Compensation Order The landlord must pay the resident £175 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 23 June 2026 |
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3 |
Communication order The landlord must meet with the resident to discuss his communal cleaning concerns. Following the meeting, the landlord must write to the resident. This must include:
The landlord must provide documentary evidence by the due date. |
No later than 23 June 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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The resident has told us that there are storage heater bricks in the communal garden. We recommend that the landlord contacts the resident to discuss this and agree a resolution. |
Our investigation
The complaint procedure
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Date |
What happened |
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21 January 2025 |
The resident made a complaint following the start of his tenancy on 13 January 2025. In summary, he said:
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7 March 2025 |
The landlord gave its stage 1 response. In summary, it said:
It offered the resident £250 compensation, made up as follows:
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11 March 2025 |
The resident escalated his complaint. In summary, he said:
To resolve his complaint, he asked the landlord to:
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18 March 2025 |
The landlord acknowledged the resident’s escalation request. |
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13 May 2025 |
The landlord gave its stage 2 response. In summary, it said:
It offered the resident £600 compensation, made up as follows:
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Referral to the Ombudsman |
The resident referred his complaint to us. He said he was unable to live in the property due to its condition. He also explained that the cleaning was better than it was in 2025 but remained unhappy with the standard. To resolve his complaint, he wanted the landlord to:
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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 the resident’s reports of various repairs, damp and mould |
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Finding |
Outside jurisdiction |
- The resident complained about various repairs, damp and mould in the property. He then raised a legal disrepair claim on 7 April 2026 about these issues. We do not investigate complaints about issues which are also subject to legal proceedings, so we have not investigated this.
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Complaint |
The landlord’s handling of the resident’s communal cleaning concerns |
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Finding |
Service failure |
- In his complaint, dated 21 January 2025, the resident reported that the communal cleaning log had not been signed for several weeks.
- On 7 March 2025 the landlord gave its response, which went some way towards putting things right. It said it would arrange to meet the resident at the property to discuss his concerns. This was a reasonable response, as it would allow the landlord to understand his concerns in detail.
- The resident escalated his complaint on 11 March 2025 as there had still been no cleaning.
- On 13 May 2025 the landlord gave its stage 2 response. It said it had not finished its investigation into the cleaning. It is unclear what its investigation delays were, given the resident had escalated his complaint 2 months prior.
- The landlord’s approach was also not consistent with its Estate Management Policy. This says it will work proactively with residents and contractors to resolve issues. In this case, the landlord told the resident it would arrange an onsite meeting, but it did not do so. This likely made him feel his concerns had been overlooked.
- However, the landlord said if it found there were periods with no cleaning, it would not charge him for them. This was consistent with its Service Charge Policy, which says it reviews its accounts each year to compare estimated charges with actual spending. It then reconciles any surplus or deficit.
- Overall, the landlord’s responses did not go far enough in putting things right. It did not follow through on its stage 2 commitment. While it said it would investigate the communal cleaning concerns, there is no evidence it shared the outcome of that investigation with the resident. It also fell short of setting out what the resident could expect from its cleaning services.
- These failings likely undermined the resident’s confidence in the landlord’s communal area management. We have therefore made orders to put things right. This includes an order for compensation in line with our compensation guidance and the landlord’s Compensation Policy. These set out payments up to £100 are appropriate when service standards have not been met and has caused some inconvenience to the resident.
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Complaint |
The handling of the complaint |
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Finding |
Service failure |
- The Complaint Handling Code (the Code) sets out when and how a landlord should respond to complaints. Our findings are:
- The landlord did not acknowledge the resident’s complaint, dated 21 January 2025 as required under the Code and its policy. However, there is no evidence this had a significant impact on the resident at that stage.
- On 7 March 2025 the landlord gave its stage 1 response, 33 working days later. This exceeded the 10-working day timeframe set out in the Code and landlord’s policy. However, the landlord apologised and offered £50 compensation for its delayed response. This amount was consistent with its Compensation policy and our compensation guidance. These suggest payments of up to £100 where the landlord has failed to meet its service standards.
- The landlord acknowledged the resident’s escalation request, dated 11 March 2025, within 5-working days. This met the Code and its policy.
- The landlord’s final response, dated 13 May 2025, was 43 working days after acknowledging the escalation request. This significantly exceeded the Code and its policy’s 20-working day timeframe. During this time, the resident contacted the landlord on at least 1 occasion asking for an update.
- While the landlord re-offered the resident £50 compensation, it did not explain how it calculated this amount. The landlord’s poor communication and continued delays after its stage 1 response, which likely increased the resident’s frustration. Therefore, an increased award would have better reflected the further failures at stage 2.
- Overall, the landlord’s final compensation offer did not go far enough in putting things right. While it apologised in its final response, it did not show it took learning from the stage 1, repeating the same patterns.
- These failings caused the resident avoidable inconvenience and undermined his confidence in the landlord’s complaint handling. We have made an additional compensation order in line with our compensation guidance and the landlord’s policy.
Learning
- The landlord did not keep to its commitment to meet the resident to discuss his communal cleaning concerns. Failing to deliver promised complaint actions risks undermining resident confidence and can weaken the landlord and resident relationship.
Knowledge information management (record keeping)
- Maintaining clear and accurate records of communal cleaning attendance helps evidence attendance. It can also help feed into a landlord’s awareness about oversight of cleaning.
Communication
- Acknowledging complaints on time is essential for compliance. Even minor delays can sometimes create uncertainty and undermine residents’ confidence in the landlord’s complaint handling.