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Southwark Council (202014568)

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REPORT

COMPLAINT 202014568

Southwark Council

16 June 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 damage to plants and loss of use of the resident’s front garden during district heating works.

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 leaseholder of the property.
  2. In May 2020, as a result of district heating works, some of the resident’s plants were removed from their garden. During the works the resident reported that they did not have access to parts of her garden.
  3. In October 2020, the resident raised a formal complaint to the landlord explaining that a year ago, they gave their consent to the subcontractors for the works to be conducted from their garden on the condition that:
    1. The plants/landscaping in their front garden would all be protected and preserved during the works;
    2. It would all be reinstated when the works were finished;
    3. And that the landlord’s contractors would be responsible for the costs of any reinstatement or repair/replacement of any damaged or destroyed items.
  4. The resident explained that this had not been done and they were still waiting for their damaged plants to be replaced. The resident requested for either the gardening works to be completed or compensation to be paid to them so that they can make their own arrangements.
  5. In its final response of 21 December 2020, the landlord upheld their complaint. The landlord admitted that its contractor offered either to replant the plants in the spring or to pay compensation, but then no further action was taken due to a member of staff being in furlough. The landlord provided details of a point of contact for its subcontractors advising the resident to continue liaising with them. 
  6. In following correspondence with the landlord, the resident was offered compensation of £500.00 for the damages and inconvenience caused.
  7. The resident brought the complaint to the Housing Ombudsman on 22 February 2021. The resident agreed to participate in the mediation process. They explained that the resolution they were seeking was the following:
    1. An apology from the landlord for their experience
    2. Increase in the compensation from £500.00 to £750.00
    3. The compensation to be paid contactless either by bank transfer or by cheque that does not need signing off.
  8. This offer was forwarded to the landlord on 19 April 2021. Following some further correspondence between this Service and the landlord, it responded on 11 June 2021. The landlord offered additional compensation, a total of £1000.00, agreed on the compensation to be paid contactless and an apology to be offered.
  9. This Service forwarded the offer to the resident on 16 June 2021 in a telephone conversation, and the resident accepted it.
  10. 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’.”
  11. 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. The landlord should arrange within the next four weeks for a payment of £1000.00 to be paid by cheque that does not need signing off, and provide confirmation of payment to this Service.
  2. The landlord should arrange for a letter of apology to be sent to the resident within the next four weeks, and provide a copy to this Service.
  1. The Ombudsman would like to thank the parties for participating in our mediation process. This case is now closed.