Peabody Trust 2018 (202005448)

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REPORT

COMPLAINT 202005448

Peabody Trust

5 January 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 landlord’s handling of the resident’s request to re-site the communal bin storage.

Background and summary of events

Background

  1. The resident is a secure tenant of a house which is part of a block of properties and has been since 1999.
  2. The landlord’s obligations are to keep the common parts of the property including rubbish chutes in reasonable repair and fit for use by all occupiers.

Summary of events

  1. On 4 November 2020, following discussing the matter with the caretaker manager, the resident formally complained about the bin storage area and requested that the landlord relocate the bins or residents be provided with individual bins
  2. On 18 December 2020, the landlord provided its stage 1 response. It apologised for the delayed response and offered £50 compensation. It advised that it was not possible to relocate the bins due to a lack of space and there were a number of residents who were not in favour of individual bins. It explained the waste management approach and bin location had been in place for 15 years and worked successfully so it would not be amending it at present.
  3. On 4 January 2021, the resident approached this service noting she was dissatisfied with the landlord’s response. This Service informed the landlord, and it acknowledged the stage 2 escalation request.
  4. On 10 January the resident submitted photos to the landlord showing rubbish near her home which she states had been left by other residents. She asserted that even after the gate being put up there was still rubbish being left and the bins were overflowing so lids were never covered, and sharp items left on the floor.
  5. On 16 January, the resident informed the landlord that there was rubbish, sharp items, open food, and discarded Christmas trees on the bin store floor. She noted a few residents at the end of the road had their own bins and it was always kept tidy. She requested the landlord provide all residents with personal bins as they all paid the same rent.
  6. On 29 January, the landlord provided its stage 2 response. It acknowledged the pictures the resident had sent as part of her escalation request and that it had spoken to the Area Manager and Caretaker Manager. It noted the bins were located approximately 15 metres away from the resident’s property and due to fly-tipping a gate had been erected around the bins and keys provided to residents. It acknowledged her assertion that residents were leaving rubbish near her home, but that the caretaker workshop was behind the bin area and the manager had advised the rubbish had not been left on the site of her home. It confirmed it was unfeasible for it to relocate the bins due to a lack of space and the majority of residents not being in favour of changing the current arrangement to individual bins. It stated it would write to all residents to clarify the designated area for the disposal of waste and that rubbish must not be left outside of the gates of the bin store.

Assessment and findings

  1. The landlord is responsible for keeping the bin area in accessible and clean condition. The landlord has two caretakers which oversee the area and internal records note that there have been no other complaints about the bin store area. It is also noted that there have been no other issues relating to the bins in the previous 15 years of the arrangement, as such the Ombudsman cannot state that the landlord should be obliged to amend its current procedures.
  2. Given the resident’s reports of fly tipping and rubbish being left outside of the bins, it was reasonable that the landlord erected a gate around the area and provided keys to all residents. The resident did however note that rubbish was still being left outside and on the floors. The Ombudsman notes that the landlord advised it would remind all residents of their responsibility in relation to waste disposal and this will be recommended again.
  3. Whilst the resident complains about the location of the bins, the landlord has clearly explained that there are no other locations for which the bins could be moved and that residents were not in favour of the proposal for individual bins. As the landlord does not have records of this survey, the Ombudsman will recommend that it carry out a survey again and provide the results to all residents.
  4. It should be noted that whilst the landlord is responsible for keeping the bin area accessible it cannot be held responsible for the level of rubbish residents choose to dispose. Additionally, it being a communal area, it would be difficult to pinpoint any one resident who is not adhering to the waste management rules. Neither can the landlord be held responsible for when the rubbish is collected by the council, and this could also impact how much rubbish accumulates. Should the resident be able to provide further information about the possible perpetrators, the landlord would then be able to consider any action under its Anti-Social Behaviour policy. Additionally, the landlord may consider the feasibility of supplying an extra bin to accommodate the excess rubbish. However, there has been no failure in the landlord’s current handling of the complaint.

Determination (decision)

  1. In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of the resident’s request to relocate the bins.

Reasons

  1. The landlord considered the residents concerns and erected a gate around the area. It also noted there had been no issues for 15 years, no other location to move the bins and that residents were not in favour of individual bins.

Orders and recommendations

Recommendation

  1. The Ombudsman recommends that the landlord:
    1. Arranges for the block letters relating to waste disposal, be sent to all residents, if it has not done so already.
    2. Carries out a survey on individual bins and share the results with all residents.
    3. Considers supplying an additional bin for the communal bin area.