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Halton Housing (202123835)

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REPORT

COMPLAINT 202123835

Halton Housing

5 July 2023

 

Our approach

Under our early resolution process, the Ombudsman works with the resident and landlord to explore the issues in dispute, identify the matters that remain outstanding and assist in reaching an agreed settlement.

The complaint

  1. The complaint is about the landlord’s handling of the residents’ report of antisocial behaviour (ASB), particularly in relation to a structure the neighbour erected in his garden.

Determination (decision)

  1. In accordance with paragraph 53 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The residents submitted a complaint to the landlord in September 2021 about a structure their neighbour erected in his garden. This has been the main point of contention between the residents, the neighbour, and the landlord.
  2. In the residents’ opinion, the structure is intrusive, not in keeping with the area, flammable and larger than the maximum allowed dimensions for a shed; therefore, it required planning permission. They are also concerned about fire safety. The residents do not accept the landlord’s assessment that no action needs to be taken in relation to the structure.
  3. The landlord has offered for the residents to propose three RICS-registered surveyors, out of which the landlord would:
    1. Instruct one surveyor to inspect the neighbour’s garden and the structure and produce a report with their findings.
    2. The landlord will share with the residents the report.
    3. Both parties will accept the surveyor’s findings and recommendations in full.
    4. The landlord will action any recommendations within 28 days of the date of the surveyor’s report.
    5. The landlord will provide confirmation to this Service that any recommendations have been completed.
  4. The residents have accepted the landlord’s offer.
  5. Paragraph 53 (c) of the Housing Ombudsman Scheme states that: “At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the member has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘resolved with intervention’.”
  6. Following this Service’s intervention, the Ombudsman is satisfied that the landlord has now taken action to remedy the matters raised, which resolves the complaint satisfactorily.