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Lambeth Council (201914204)

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REPORT

COMPLAINT 201914204

Lambeth Council

18 March 2021


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 response to the resident’s request for redecoration of the communal area.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress to the complainant which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The resident is a tenant of the landlord.
  2. In 2018, they made a request for painting of the walls, replacement of the carpet and securing of the banister in the communal area.
  3. On 21 February 2020, the resident raised a formal complaint about the length of time taken to carry out decoration works in the communal area, the delays in commencing Section 20 consultation process and the landlord’s lack of correspondence in relation to completing the works.
  4. The landlord, in its final response of 29 September 2020, acknowledged its poor level of communication in relation to the decoration works. It further stated that it would initiate Section 20 consultation process and confirmed that it was working with its contractors to improve the performance of its repair services.
  5. The resident referred the complaint to the Housing Ombudsman via their Local Councillor on 12 October 2020.
  6. Following a telephone conversation with the resident on 30 October 2020, they agreed to participate in the mediation process and explained that they were seeking the following resolution:

–          The landlord to paint the walls in the communal area

–          The landlord to secure and repair the banister and the stairs

–          The landlord to replace the carpet

–          The landlord to offer an apology and compensation for the delays in works and the stress and inconvenience these have caused

  1. The landlord responded on 22 December 2020 explaining that it had arranged for the Section 20 consultation process to start in early 2021 and works would be carried out following the end of consultation. It agreed to offer compensation of £100.00 and an apology.                                                                         
  2.  We forwarded the landlord’s proposed resolution to the resident, and they raised concerns about the actual completion of works and the landlord’s approach. Following further discussions with the resident, they confirmed that they would consider the complaint resolved if the landlord:

a)     Offered an apology

 

b)     Agreed to the following approach to the works:

  • An initial letter to the resident setting out the process which would be undertaken and likely timescales
  • The resident to receive updates following the completion of each stage of the process, such as
    • The completion of the consultation process and its outcome
    • An explanation of any additional process which arises from the consultation (such as tendering for work)
    • Confirmation of a schedule of work once agreed

 

c)     Offered compensation of £100.00.

  1. This Service forwarded the resident’s request to the landlord on 18 January 2021.
  2. Following further correspondence, on 04 March 2021, the landlord agreed to the resident’s proposal as set out in paragraph 10.
  3. Paragraph 55 (c) of the Housing Ombudsman Scheme states that:
    1. “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’.”
  4. I am therefore satisfied, following the intervention of this Service, that the landlord has now taken actions to remedy the matters raised which resolve the complaint satisfactorily.

Recommendation

  1. It is recommended that the landlord issue a letter of apology to the resident within the next four weeks to which also sets out:
    1. How the section 20 process will be carried out and likely timescales
    2. Confirmation of when it will provide updates to the resident during this process.
  2. The landlord to arrange for the payment of £100.00 compensation to be made to the resident within the next four weeks, and provide evidence to this Service.
  3. The Ombudsman would like to thank the parties for participating in our mediation process. This case is now closed.