Bolton at Home Limited (202011752)

REPORT

COMPLAINT 202011752

Bolton at Home Limited

21 May 2021

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 refers to:
1. The landlord’s handling of the resident’s concerns about the standard of cleaning and grounds maintenance in the communal areas surrounding her property.
2. The landlord’s handling of the associated complaint.
3. The resident’s concerns related to antisocial behaviour (ASB) and the landlord’s proposed bin storage areas.

Jurisdiction

What we can and cannot consider is called the Ombudsman’s jurisdiction. This is governed by the Housing Ombudsman Scheme. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
After carefully considering all the evidence, in accordance with the Housing Ombudsman Scheme, the following aspect of the complaint is outside of the Ombudsman’s jurisdiction.

The resident’s concerns related to antisocial behaviour (ASB) and the landlord’s proposed bin storage areas.

Paragraph 39(a) of the Scheme states:

“The Ombudsman will not investigate complaints which, in the Ombudsman’s opinion are made prior to having exhausted a member’s complaints procedure”.

The resident has brought a number of issues to the Ombudsman’s attention which do not appear to have exhausted the landlord’s internal complaint procedure. These include issues related to her reports of antisocial behaviour (ASB), concerns related to the landlord’s proposed bin storage areas, and issues related to a door repair. This Service cannot investigate these matters at this stage, as the landlord needs to be provided with the opportunity to investigate and respond to these concerns.
In line with the landlord’s complaint policy, a report of ASB in the first instance would not be considered a complaint. It was therefore reasonable for the landlord not to consider this report as part of this complaint. If the resident has further concerns about the landlord’s handling of her reports of ASB, she may wish to raise a separate complaint to the landlord. Any further references to ASB in the report are for context only and are not part of the Ombudsman’s assessment.

Background and summary of events

The resident is an assured tenant of the landlord. The property is a ground-floor flat within a block of flats.
On 6 October 2019 the resident emailed the landlord to complain about the state of the communal areas around her property. She advised the following:
1. She explained that there had always been issues but matters had escalated over the years. She advised that the bins had been overfilled and people discarded rubbish near the bins regularly because of this. She also noted that people would leave old items from properties, including mattresses, wardrobes, and tables etc.
2. She explained that she believed that there was an issue with drug dealing and drug usage in the communal areas on a regular basis. She advised that youths would often be seen hanging around and smoking near the communal entrance doors and that she did not go out at night as it felt unsafe.
3. She included a list of services the landlord should provide, which the landlord had placed on the information board in her building. She noted that the landlord stated that it would ensure that the communal areas were kept clean and tidy, safe and secure, well-kept, easily accessible, and fit for people to enjoy.
4. She also noted that the landlord provided a care-taking service that included sweeping and mopping the entrance areas and litter picking, which did not appear to have been done. She said she had previously reported that the window on the communal door had been spray painted but no action had been taken.
5. She explained that it had rained heavily over the last few weeks and the water did not drain away due to the amount of debris in the gratings. She advised that she was due to have a family member visit and was ashamed of the impression this may give them.
The landlord acknowledged the resident’s complaint on 8 October 2019 and said that it aimed to respond to the resident within 14 calendar days.
The landlord issued its stage one complaint response to the resident on 14 October 2019 and confirmed that an officer from its Neighbourhood Safety Team would be in touch regarding the resident’s reports of antisocial behaviour and youths congregating. It explained that it was also internally discussing the possibility of moving to shared blue bins in the communal areas and had asked for a litter pick to be arranged by its cleaning contractors.
The landlord sent a follow-up response the following day and said it had completed a further investigation. It explained that the rubbish sites had been identified and it would be arranging for the rubbish to be removed. It also said that it would be writing to all residents to advise them to keep their doors locked and not allow entry to unknown people. It had also contacted the local police and asked them to include the area on their patrol list.
The resident has advised that she raised a further complaint which included her concerns about the landlord’s handling of the waste issue at her property on 29 January 2020, for which she received an acknowledgment from the landlord on 3 February 2020. These documents have not been provided to this Service for review.
The resident wrote to the landlord on 28 February 2020 and explained the following:
1. She said that she was following up on her complaint dated 29 January 2020 and had received a voicemail to request she return a call to a member of the landlord’s staff. However, they had not left a last name and therefore she could not make contact. She was told that she would be contacted again, but to date she had not been.
2. She explained that one of her complaints related to the amount of litter in the communal areas. She said that the issue was the same and no litter picking had taken place.
3. She said she had received a letter on 3 February 2020 confirming receipt of a previous letter which detailed three different concerns. The letter advised that she could call the landlord’s repair line or ASB line for a quicker response. The resident advised that she preferred to have a written record of actions requested and taken, in order to have a paper trail.
4. She said that she had seen a rat from her window and expressed concern that the issue may get worse in warmer months. She asked the landlord to take action as soon as possible.
The landlord acknowledged the resident’s complaint escalation on 4 March 2020 and said that it aimed to provide a response within ten working days. It noted that if it needed longer, it would tell the resident why and keep her updated.
The landlord wrote to the resident on 27 April 2020 to advise that it was necessary for the complaint to be put on hold. It explained that due to Covid-19, it was only able to carry out emergency repairs; it said that as the resident’s complaint related to a door repair, it was unable to progress the complaint further, as this would mean a staff member visiting the property. It explained that once its services were back to normal, it would be in touch to progress the complaint and any associated repairs.
On 9 September 2020 the landlord wrote to the resident and provided its stage two complaint response. It explained that it had visited the resident at her property on 11 March 2020 to discuss the matter. Following a clean-up, the landlord had called the resident who confirmed that she was satisfied with the action taken. The landlord apologised that this was not actioned in the first instance and that the resident had needed to follow-up on this matter. The landlord apologised for the late response; it explained that there had been an administrative error which meant that it was only now writing to the resident following the resolution in March 2020.
On 19 December 2020 the resident wrote to the landlord again to complain about the communal areas. She advised that from her kitchen window she could see a lot of rubbish, including waste bags, take away boxes, and bottles which had been dumped. She advised that she had seen rats and did not believe that any litter picking was taking place. She explained that there were a large number of leaves over the floor which she had slipped on that morning. She advised that if this happened again, she would look to take legal action against the landlord for neglecting to maintain standards around its buildings. She explained that she doubted anything would be done but hoped for a response as soon as possible. She asked the landlord to respond to her complaint and noted that she had not received a response to her previous letter.
The landlord acknowledged the resident’s letter on 23 December 2020 and advised that her complaint had previously exhausted its complaints process. It noted that as the issues stated in her letter were the same as those previously investigated, it had no further response to provide.

Assessment and findings

The landlord’s handling of the resident’s concerns about the standard of cleaning and grounds maintenance in the communal areas.

The tenancy agreement states that the landlord would be responsible for keeping the common entrances, halls, stairways, passageways, and any other common parts in reasonable repair and fit for use. It would also be responsible for keeping the exterior of the property and any common parts in a reasonably satisfactory state of decoration and maintain these areas. Each tenant would be responsible for keeping their home and any shared areas free from rubbish and other items which may cause an obstruction, be offensive, or cause a health risk.
As the landlord is responsible for the upkeep of the communal areas at the property, it was appropriate for the landlord to investigate the resident’s reports of litter and fly-tipping and arrange for this to be removed. The landlord has reported that it visited the resident’s property on 11 March 2020 and took steps to remove the rubbish from the communal area in front of the resident’s property. It has explained that it was looking to replace the individual bins with large communal bins and had already placed the wooden pods ahead of implementing these new bins. It is noted that the resident has raised further concerns about the placement of these bin stores; however, as explained above, this matter has not completed the landlord’s internal complaints procedure. The resident may wish to raise a separate complaint to the landlord regarding the new bin storage areas if she remains dissatisfied.
Whilst the landlord took appropriate action to remove the rubbish and explained that it would be looking to implement a new bin storage area with communal bins in this instance, the resident needed to follow-up on this matter as the ongoing waste issue had not been addressed. The landlord has explained to the Ombudsman that its cleaning and grounds maintenance service was restricted between 24 March 2020 and 27 October 2020 due to Covid-19. During this period, a fortnightly ‘safety walkthrough’ took place where caretaking staff checked for fire risks/obstructions/fly tipping and arranged for their removal, but no cleaning took place. This was reasonable in light of the Covid-19 pandemic; however, the landlord has provided records of the site visits which took place between 4 February 2019 and 16 February 2020. These records highlight historical issues with dumping at the property, with multiple reports of excess waste bags, mattresses, and furniture being left. There is no evidence to suggest that the landlord had taken steps to address this issue prior to the complaint being raised by the resident.
This Service acknowledges that the individuals responsible for the dumping of waste have not been identified so the landlord could not address this with any of its tenants individually. Ultimately, any action the landlord takes may not resolve the issue long term, although the landlord would be expected to attempt to take preventative measures to resolve these long-term issues, such as reminding its tenants of their responsibilities when it comes to waste disposal, which it does not appear to have done.
Furthermore, the resident has also reported seeing rats in the communal areas of the property. As the communal areas are the landlord’s responsibility, it would have been appropriate for the landlord to investigate this issue and provide a response with its findings, although there is no evidence that it has done so also.
In short, there has been service failure by the landlord in respect of its handling of the resident’s concerns about the standard of cleaning and grounds maintenance. The landlord has taken reasonable steps to remove the litter and waste from the front of the resident’s property on this one occasion on 11 March 2020, although it appears that the issue is ongoing, and it has not taken any suitable, preventative action to manage this issue long-term.
In view of this, the landlord should offer the resident compensation in recognition of the distress and inconvenience caused. It should also write to all residents of the block, reminding them of their responsibilities when it comes to waste disposal and fly-tipping. The landlord should carry out an inspection of the communal areas of the block and provide a suitable plan of action. It is recommended that the landlord takes steps to investigate the resident’s reports of rats within the communal areas of the property and take appropriate action. The landlord should also consider carrying out regular site inspections to ensure that the work carried out by its cleaning contractors is to an acceptable standard.

The landlord’s handling of the associated complaint

The landlord’s complaint policy states that it has a two-stage complaints procedure. At stage one the landlord should provide a response within 14 calendar days. If further time is needed, the landlord should write to the resident to explain why and provide a new timescale. If the resident remains dissatisfied, the complaint can be escalated to stage two. At stage two the resident should receive a response within 14 calendar days. Again, if there is likely to be a delay, the landlord should write to the resident and keep them updated. When a resident makes an initial request for a service – for example, reporting a repair for the first time, reporting antisocial behaviour, or a complaint about graffiti or rubbish – this would be handled as a request rather than a complaint.
The resident initially raised a complaint on 6 October 2019, and the landlord provided two stage one responses on 14 and 15 October 2019; this was within the 14-calendar day timescale. The resident has said that she escalated her complaint on 29 January 2020 and received an acknowledgment letter from the landlord dated 3 February 2020, although these documents have not been provided to this Service so we cannot confirm whether this was the case. The resident sent a further letter to follow-up on her complaint on 28 February 2020. The landlord acknowledged the complaint on 4 March 2020 and sent a further letter on 27 April 2020 to say the complaint had been put on hold, as a member of staff would need to visit the property to repair the resident’s entrance door and that this was not possible due to Covid-19. By this point the landlord should have provided a stage two complaint response in line with its published timescales.
The landlord issued its stage two response on 9 September 2020 which is 194 calendar days since the resident’s escalation request and significantly outside of the landlord’s published timescales. It is reasonable that there may have been some delay to the landlord’s stage two complaint response as a result of Covid-19, although the door repair issue was unrelated to this complaint and it was therefore unreasonable for the landlord to extend the timeframe of the complaint for this reason. There is also no evidence to suggest that the resident was appropriately updated on the progress of her complaint during this time. Since the complaint had been somewhat resolved on 11 March 2020, the landlord would have had an opportunity to provide a formal written response at an earlier stage and the subsequent delay is unreasonable.
It was reasonable for the landlord not to register a separate complaint in December 2020 as the complaint related to the same issues which had completed the landlord’s internal complaints procedure. However, in this instance, the landlord could have raised a separate complaint about its service or dealt with the ongoing issues as part of the existing complaint without providing a further formal complaint response. Either way, the landlord has not provided a suitable plan of action or taken adequate steps to prevent the ongoing issues.
There has been service failure by the landlord in respect of its handling of the associated complaint. There was a significant delay in providing a stage two complaint response and there is no evidence to suggest that the resident was appropriately updated on the progress of her complaint during this time. The landlord has not utilised the complaints process to attempt to put things right in the long term for the resident or demonstrated that it had taken steps of learning from the resident’s complaint.

Determination (decision)

In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of its handling of the resident’s concerns about the standard of cleaning and grounds maintenance.
In accordance with paragraph 54 of the Housing Ombudsman Scheme, there was service failure by the landlord in respect of its handling of the associated complaint.

Reasons

Whilst the landlord has taken some steps to remove the rubbish that had been reported by the resident, it has not provided a suitable plan of action or taken any steps to resolve the long-term, ongoing issues. The resident has spent significant time pursuing this matter which is likely to have caused some inconvenience.
The landlord has unreasonably delayed its provision of a stage two complaint response to the resident. There is likely to have been some delay due to the impact of Covid-19, although there is no evidence to suggest that the resident was kept updated on the progress of her complaint during this period.

Orders and recommendations

The Ombudsman orders that the following actions take place within four weeks:
1. The landlord is to pay the resident £200, comprised of:
  1. £100 in recognition of the distress and inconvenience caused by the landlord’s handling of the resident’s concerns about the standard of its grounds maintenance.
  2. £100 in recognition of the delay in providing a satisfactory complaint response to the resident.
2. The landlord should carry out an inspection of the communal areas of the property and provide a suitable plan of action to address the ongoing issues with the waste disposal and fly tipping.
3. The landlord is to write to all tenants of the block, reminding them of their responsibilities when it comes to waste disposal and fly-tipping.
The Ombudsman recommends that the landlord considers taking the following actions:
1. It is recommended that the landlord takes steps to investigate the resident’s reports of rats within the communal areas of the property and take appropriate action.
2. The landlord should consider ways to ensure that the work carried out by its cleaning contractors is to an acceptable standard.
3. The landlord should consider carrying out staff training for complaint handlers to ensure that complaints are addressed in line with its complaints policy.
4. It is recommended that the landlord take steps to establish a system of record keeping that ensures that all contact from a resident (and any representatives) is recorded and retained so that it can be provided to This Service upon request, in response to a complaint.