Peabody Trust (202127601)

REPORT

COMPLAINT 202127601

Catalyst Housing Limited

6 July 2023

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 regarding the brightness of the lighting outside her property.

Background

2. The resident is a secure tenant of the landlord, living in a flat.
3. On 28 December 2021, the resident reported that the lights had been changed in the building opposite her bedroom and the brightness was impacting her sleep. She chased the issue on 10 January 2022, and requested for the lights to be changed. The landlord acknowledged her concerns as a complaint.
4. In the landlord’s final complaint response on 15 March 2022, it stated that it would not be able to change the lights as it had to comply with the relevant regulations and maintain the correct brightness levels. It acknowledged that it had initially attended the wrong property to inspect the lighting. It offered £100 compensation due to the delayed complaint response.
5. In the resident’s complaint to this Service, she said she remained dissatisfied as the lights were impacting her sleep, despite installing blinds. She said that the landlord had initially inspected the wrong property, and she did not think it had arranged a further appointment to assess the lights. She wanted the landlord to change the lights and provide proof that it had attended her property.

Assessment and findings

6. In accordance with the tenancy agreement, the landlord is responsible for repairs to electric lighting in the communal area, to ensure that they are “in reasonable repair and fit for use.” The landlord must also ensure the lighting complies with any relevant regulations. It was therefore reasonable that the landlord changed the lights in the estate to be compliant with the required brightness levels.
7. The resident was unhappy with how bright the new lighting was and complained that the lights were shining into her bedroom and impacting her sleep. The Ombudsman would expect to see evidence that the landlord had assessed whether it could take steps to mitigate the impact on the resident and ensure that the lights were functioning correctly, particularly as she advised the landlord the previous lights had not caused her disruption.
8. It was appropriate that the landlord consulted the contractor that initially completed the work and determined the lights were a like-for-like replacement and had been placed in the same positions. It stated the lights could not be changed as it had a responsibility to maintain appropriate lighting levels. The landlord provided additional information to the resident outlining the relevant guidance it was required to comply with, which was reasonable in order to manage her expectations regarding the limitations on any changes it could make.
9. However, it is of concern that the landlord has not provided any contemporaneous evidence to confirm the contractor’s findings, such as repair records or the original correspondence with the contractor. Landlords are expected to keep clear, accurate and easily accessible records to provide an audit trail, as the onus is on it to provide documentary evidence to confirm it has taken appropriate actions.
10. The landlord arranged an appointment on 25 January 2022 for a contractor to visit the resident’s property to assess the lighting and the resident raised concerns that the contractor had not attended. In its stage one complaint response, the landlord acknowledged that it had attended the wrong address but said as it had liaised with the initial contractor it would not change the lights. There is no evidence that it subsequently rescheduled the visit.
11. Although it was appropriate that the landlord consulted the contractor to confirm the brightness of the lights was suitable, as it did not visit the property, it did not take sufficient steps to assess the impact on the resident. It failed to consider mitigating factors which may have impacted the resident, including whether the lighting was functioning as intended or there were any faults. Furthermore, the contractor advised the landlord that it could attempt to reposition the light fitting if it was directed into the resident’s bedroom, but as it did not attend the property, it failed to assess the feasibility of the potential solution.

12. Overall, the landlord has failed to take sufficient action in response to the resident’s concerns regarding the brightness of the lights. It was unreasonable that it did not inspect the lighting, as although the contractor’s feedback was important information to consider, it did not comprehensively assess the impact of the lighting on the resident. The landlord has therefore not taken sufficient steps to consider appropriate solutions to mitigate the impact of the lights. As a result, orders have been made below to inspect the lighting and pay compensation to the resident.

Determination

13. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was service failure by the landlord in the way it handled the resident’s concerns regarding the brightness of the lighting outside her property.

Orders

14. The landlord is ordered to pay the resident £100 due to its failings in handling the resident’s concerns.
15. The landlord should arrange a visit to the resident’s property or provide evidence if it has already attended. The landlord should share its findings with the resident, including any actions it can take and clear reasons for its conclusions.
16. The landlord should provide evidence that it has complied with these orders to this Service within four weeks of the date of this report.