Yorkshire Housing Limited (202420725)

REPORT

COMPLAINT 202420725

Yorkshire Housing Limited

27 August 2025

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:
1. Response to the resident’s report of anti-social behaviour (ASB) from a neighbour.
2. Handling of the associated formal complaint.

Background

The resident has an assured tenancy for the property with the landlord. The property is a ground floor flat in a low rise block. The block has a communal garden which the residents share.
On 21 July 2023 the resident made an ASB report to the landlord about her neighbour in the flat upstairs. She reported she heard the neighbour shout a racial slur and following this, the police attended the neighbour’s property and forced entry. The resident requested the landlord add the report to a previous ASB case it had regarding the neighbour.
On 22 December 2023 the landlord removed the resident’s bird feeders in the garden. The landlord said it did this as a measure to address a rat problem in the area.
On 9 January 2024 the resident complained to the landlord about its response to her ASB reports. She said she did not believe the landlord had taken appropriate action in response to her reports and the evidence she sent of ASB by the neighbour. The resident also said she believed if the landlord had dealt with the neighbour properly, she would not have been forced to give up her bird feeders in the garden.
On 5 February 2024 the landlord provided its stage 1 response. It upheld the complaint and acknowledged it failed to update the resident on the ASB case after her report in July 2023. It also acknowledged the delay in acknowledging the complaint. The landlord explained the actions it had taken after it received the ASB report in July 2023. It offered the resident £50 compensation for the delay in providing her an update. In relation to the removal of the bird feeders the landlord explained why it removed them. It confirmed it refunded the resident in December 2023 for the bird feed she had bought. The landlord offered the resident £100 compensation for the delay in its response to the complaint.
On 29 March 2024 the resident escalated her complaint. She requested clarity on the actions the landlord had taken in relation to ASB reports she made prior to July 2023. The resident said there were several issues with the landlord’s handling of the reports dating back to 2020.
On 22 August 2024 the landlord provided its stage 2 response. It upheld the complaint as it found it had failed to properly deal with the ASB the resident experienced. It offered the resident:
1. £100 for its failure to deal with the stage 1 complaint effectively.
2. £200 for the time taken to deal with the resident’s complaint.
3. £450 for the ongoing issues the resident had experienced at the property due to the neighbour’s behaviour.
4. £250 for the distress caused by the landlord not taking appropriate action against the neighbour in a timely manner.
5. £250 for time the resident spent chasing the landlord following her reports of ASB.
The resident referred the complaint to us in September 2024. She believed there were systemic failures in the landlord’s handling of ASB cases. She said a ASB case review the landlord had completed in January 2024 also highlighted poor record keeping by the landlord. To resolve the complaint she wanted to know if what the landlord had offered was fair. The resident also said she wanted to know whether the issues raised in the complaint amounted to maladministration.

Assessment and findings

Scope of investigation

In February 2024 we investigated a complaint from the resident concerning the landlord’s handling of ASB reports about the neighbour under case 202218179. That case assessed the landlord’s handling of the ASB reports made between October 2021 and September 2022.
Before our investigation of case 202218179, the landlord completed an ASB case review. The review included the landlord’s assessment of the action it had taken following the ASB report in July 2023 as well as earlier ASB reports.
In this complaint the resident has raised dissatisfaction with the landlord’s handling of her ASB reports in July 2023 and earlier. She has also raised concerns about the accuracy of the information provided in the landlord’s case review outcome and in its submissions for our investigation of case 202218179.
Our Scheme states we may not re investigate a complaint that we have previously made a decision on. Therefore this investigation will not assess the landlord’s handling of the ASB reports prior to July 2023. We have already made a determination on those matters and the parties had an opportunity to request a review of the determination at the time.
The evidence shows after the ASB report in September 2022, the resident submitted the next ASB report on 21 July 2023. Accordingly this investigation centres on the landlord’s response to that report.
It is our role to assess the appropriateness and adequacy of the landlord’s response to the report about the neighbour’s behaviour and the reasonableness of its response. This does not include establishing whether the neighbour was responsible for ASB. Our investigation is limited to considering whether the actions of the landlord was in line with its policies and procedures and what was fair in the circumstances.

The landlord’s handling of the resident’s report of ASB.

The resident emailed the landlord on 21 July 2023 with a recording of the neighbour. We do not have a copy of the recording. The resident said the recording was of the neighbour speaking to the police officers. She said before the police forced entry, the neighbour refused to open his door. The resident reported she heard the neighbour say a racial slur.
The landlord spoke with the resident on the same day she made the report and made a record of her account of the incident. On the same day the landlord also received a report about the same incident from another resident who lived in the same block. This other resident confirmed they had contacted the police.
The landlord’s ASB policy states it would deal with ASB reports promptly, proportionately and keep complainants and witnesses regularly updated on the progress of its investigations. The policy also says the landlord will work with police and other third party agencies.
The evidence shows the landlord contacted the resident promptly to gather information regarding the incident. Following this, it contacted the police for an update. The landlord’s actions were consistent with its policy requirements on responding to ASB and were appropriate steps in deciding the action to take regarding the neighbour.
The landlord received a response from the police on 25 July 2023. The police confirmed it had not pursued a criminal investigation against the neighbour in relation to the incident. The landlord then wrote to the neighbour on 17 August 2023. It closed the ASB case on 14 September 2023.
The landlord’s ASB procedure has several stages. The first stage is the approach for initial reports of ASB. The second stage is for investigating further reports of ASB. At both stages, the procedure requires the landlord to interview the reporting party and the reported perpetrator to decide what action to take. Possible outcomes at the second stage include the closure of the case (if there are no further incidents within 6 weeks), the issuing of a warning letter, or an escalation to the third stage of the procedure. At the third stage of the procedure the landlord can seek assistance from its ASB team.
The landlord’s decision to close the case after 6 weeks was a reasonable option available to it under its policy. It did not receive further reports of ASB by the neighbour within 6 weeks. However, when it closed the ASB case the landlord had not received any response from the neighbour to its letter.
Given the seriousness of the allegation, that the neighbour was reportedly heard by at least 2 residents using a racial slur, it was not appropriate for the landlord to take no further steps to secure an interview with the neighbour after it had sent the letter and received no response. This is specifically because as part of the background associated with the neighbour’s behaviour, the landlord had issued the neighbour with a final housing caution in 2022. The landlord’s failure to proactively pursue the neighbour for an interview was a missed opportunity to provide confidence in its ASB handling, as doing so could have provided the landlord with important context to inform what action, if any, may have been necessary.
On 9 January 2024 the resident submitted a complaint to the landlord about its handling of her ASB reports historically and her report in July 2023. She said she had not heard back from the landlord about the ASB case after 21 July 2023. The resident also stated she believed that if the landlord had dealt with the ASB properly, she would not have had to give up her bird feeders in the garden.
On 30 January 2024 the landlord provided the resident with the outcome of its review of the ASB reports it had received. It confirmed the actions it had taken to contact the police and the neighbour after the report in July 2023. It acknowledged it should have provided the resident with an update and apologised for not doing so. The landlord also acknowledged an incident involving the neighbour in September 2022 could have provided grounds for it to seek legal action, but it did not. It said due to the time that had lapsed since the September 2022 incident, the basis for legal action had passed regarding that incident.
On 5 February 2024 the landlord provided its stage 1 response. It recognised it failed to update the resident following her report on 21 July 2023, until its ASB case review in January 2024. It explained it linked the ASB case to the second resident who also reported the incident. It was for this reasons it had mistakenly not updated her. The landlord said it was introducing a new system which would ensure relevant ASB cases were appropriately linked. It offered the resident £50 in recognition of its failure to update her on the ASB case in a reasonable time.
In relation to the removal of the resident’s bird feeder, the landlord explained its decision to do so was as part of an effort to address a rat problem in the area. It confirmed it had refunded the resident £120 for bird feed she had purchased and could no longer use.
The landlord’s ASB case review and stage 1 response addressed the landlord’s failure to update the resident on the case following her report on 21 July 2023. Its apology and offer of compensation to the resident for this was appropriate in the circumstances given it took 6 months to provide the resident an update. The stage 1 response also explained steps the landlord had taken to improve how it recorded ASB cases to ensure appropriate updates were sent to parties. The landlord’s response also offered an explanation regarding its decision to remove the bird feeders. It acknowledged that its decision upset the resident and offered her compensation when it removed them.
On 29 March 2024 the resident escalated her complaint. She said the recording she submitted of the neighbour on 21 July 2023 showed ASB on the neighbours part. The resident said it was evident the landlord had not linked her report with the other resident’s report and had dealt with each report in isolation of one another. The resident also said it was evident from the landlord’s update on the ASB case, the neighbour was refusing to engage with the landlord, and the landlord was accepting this.
The landlord provided its stage 2 response on 22 August 2024. The response clarified the actions it had taken against the neighbour following reports it received in 2022. It confirmed it did not treat the incident in July 2023 as a hate crime, because it did not have enough evidence to investigate it as such, at the time. It acknowledged and apologised for conflicting information the resident received over the course of her complaints prior to July 2023. It acknowledged it had not always been able to engage with the neighbour in relation to ASB reports made about him. It confirmed it had reviewed its ASB policy and it now included the ability for the landlord to continue to take action even if a resident was not receptive to the landlord’s attempts to visit. The landlord also said it had changed the way it managed ASB cases, it had completed training with staff, introduced a new hate crime policy and strengthened the support available to victims of ASB. In addition, the landlord offered the resident £950 in total in recognition of:
1. The ASB issues the resident had experienced which had impacted her ability to enjoy her home
2. The distress the resident experienced due to the landlord not taking the appropriate action against the neighbour in a timely manner.
3. The time the resident spent chasing the landlord for updates following her reports.
The evidence shows the landlord’s stage 2 response evidently considered its handling of the resident’s historic reports, as well as the report in July 2023. Its reference to the ‘ongoing’ issues the resident experienced at the property indicates it took into account previous incidents of ASB as well as the report in July 2023.
Given the landlord failed to proactively contact the neighbour after it sent a letter to him in August 2023, and that the landlord was aware this type of non-engagement had happened previously, it was appropriate for the landlord to have reviewed its policy to include measures it could take when such circumstances arise.
The landlord’s failures in its handling of the ASB report had an adverse impact on the resident. She had to wait 6 months to receive an update on the case. This would have caused frustration and led to a loss of confidence in the landlord’s ability to effectively address her concerns about the neighbour’s behaviour. This loss of confidence would have been compounded by the fact the resident had previously complained about the landlord’s handling of the ASB reports before July 2023.
When assessing the £950 compensation the landlord has offered, we are aware the offer took into account not only its handling of the ASB report in July 2023 but also the resident’s wider experiences and the landlord’s handling of the historic reports. The landlord acknowledged the issues had affected the resident’s ability to enjoy her home, caused distress and required her to spend time chasing for updates.
Taking these factors into account we consider the landlord’s offer of £950 to be reasonable in the circumstances. The amount offered is within the range we would expect where a service failure has had a significant impact on the resident over an extended period of time, particularly where there has been a cumulative effect of repeated failings. The amount the landlord offered appropriately reflects its handling of the report in July 2023 and the broader effect on the resident’s confidence in the landlord’s management of the ASB.
Overall the landlord did not handle the resident’s ASB report on 21 July 2023 in line with its policy. It did not update the resident within a reasonable time of its actions on the case. While it took prompt action to gather information about the incident, it did not proactively pursue an interview with the neighbour despite the seriousness of the allegations and the neighbour’s history of non-engagement. However the landlord’s response to the complaint appropriately acknowledged these failures, set out the measures it had introduced to improve its handling of ASB cases and offered proportionate redress to the resident for the impact of its failings. The introduction of its revised ASB policy in September 2024 specifically, demonstrates the landlord has taken learning from the resident’s complaint. This results in a finding of reasonable redress. This means the landlord has made an offer of redress which satisfactorily resolves the complaint.

The landlord’s handling of the formal complaint

The resident submitted her complaint on 9 January 2024. The landlord sent the acknowledgement of the stage 1 complaint on 23 January 2024. It confirmed it would issue a response by 5 February 2024 and offered the resident £100 for the delay in its acknowledgement of the complaint.
On 24 January 2024 the landlord wrote to the resident and informed it could not investigate the complaint as it was being investigated by us under reference 202218179. The resident responded and clarified her complaint concerned ASB reports she had made since the conclusion of her previous complaint. On receipt of this clarification, the landlord agreed to investigate the complaint and issued its response on 5 February 2024.
The landlord’s complaint policy states it will acknowledge a complaint within 2 working days. It aims to issue a response at stage 1 within 10 working days of receipt of the complaint.
There was therefore a delay in the landlord’s acknowledgement of the complaint which in turn, resulted in the delay in its response to the complaint. The landlord acknowledged this and offered redress to the resident, which was appropriate as the resident had to chase the landlord for the acknowledgment.
On 29 March 2024 the resident escalated her complaint. The landlord acknowledged the complaint on 9 April 2024 and said it would provide the outcome within 20 working days. On 5 July 2024 the landlord informed the resident its investigation was ongoing and it would address the delay, in its response.
On 21 August 2024 the landlord provided its stage 2 response. It apologised for the time it had taken to investigate the complaint. It also apologised its stage 1 investigation did not comprehensively respond to the resident’s complaint. The landlord offered the resident £300 comprising:
1. £100 for not dealing with the stage 1 effectively.
2. £200 for the time it had taken to investigate the stage 2 complaint.
The landlord’s complaints policy states it will aim to provide a stage 2 response within 20 working days of receipt.
The landlord’s stage 2 response acknowledged its failure to meet its complaint policy timeframes. The resident experienced delays at both stages of the complaints process. The delay at stage 2 was significant, and although the landlord notified the resident of this, it did so after the original deadline had passed. We therefore consider the landlord’s combined offers of compensation at stages 1 and 2, totalling £400, fair and in line with our remedies guidance. This results in a finding of reasonable redress.

Determination

In accordance with paragraph 53b of the Scheme the landlord has offered reasonable redress in relation to its handling of the resident’s report of ASB.
In accordance with paragraph 53b of the Scheme the landlord has offered reasonable redress in relation to its handling of the formal complaint.

Recommendations

If the landlord has not paid the resident the compensation it offered, it should arrange the payment of the compensation. This includes:
1. The £150 it offered in its stage 1 response.
2. The £1,250 it offered in its stage 2 response.