Optivo (202100731)

REPORT

COMPLAINT 202100731

Optivo

17 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 the landlord’s response to:

a.     The reports about the condition of the front and rear garden to the property.

b.     The resident’s request for a maintenance programme quote.

Determination (decision)

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

How the complaint was resolved

3. The resident submitted a formal complaint to the landlord concerning the condition of the front and rear gardens at the property.
4. The landlord provided its final repsonse to the complaint on 29 January 2021. It declined the resident’s request for a review of their complaint at the second stage of its complaints procedure and set out its reasons for this as follows:

a.     In its stage one response, as a gesture of goodwill, it agreed to pave the area in the rear garden where decking was previously in place. It said it anticipated these works starting on 1 February 2021, but this would be weather dependent.

b.     It said that the Housing Officer had contacted the resident on 28 January 2021, to advise that they will be arranging the consultation for the residents in the property, as they did not currently pay a service charge for the maintenance of the front and rear gardens. It said if the majority of residents agree to paying additional charges for maintenance to the gardens, it will be arranged.

c.      It said that the resident reported that there had been poor communication from the Estate Services Officer however, found the officer had made attempts to contact the resident with no success. It asked the resident to check the number it had on its records and advised the officer would communicate via email in future.

d.     It said that the delays in completing works to the gardens was mostly due to the pandemic and the busy Christmas period. It said that the follow up works it agreed to complete following the removal of the decking, was a goodwill gesture and not classed as health and safety or emergency works.

5. The resident referred their complaint to this Service as they felt the complaint was not resolved. We called the resident on 11 May 2021 to discuss their complaint. The resident explained that to resolve their complaint, they wanted the landlord to:

a.     Complete the paving works in the rear garden.

b.     Make safe the stairs at the rear of the back garden

c.      Level the back section of the rear garden

d.     Lay grass in the rear garden.

e.     Uninstall the pebbling works completed in the front garden or, alternatively, uninstall the pebbles and return it to grass.

6. We contacted the landlord with the outcomes the resident was seeking as a resolution. It responded to the Service on 4 June 2021, and agreed to:

a.     Complete the paving works to the rear garden.

b.     Level the back section of the rear garden.

c.      Arrange for its contractor to inspect the pebbles installed in the front garden.

The landlord noted that the resident’s request for it to make safe the stairs at the rear of the garden did not form part of their complaint. It also noted that the resident had not mentioned during a recent visit to the property, their request for grass to be laid in the rear garden. Nevertheless, it agreed that both matters would be looked into during a visit to the property arranged for 7 June 2021.

7. On 10 June 2021, we called the resident to discuss the landlord’s proposal. They confirmed that the landlord had since completed the paving works to the rear garden and informed them that the paving stones to the front garden would be reinstalled. The resident said to bring the complaint to a close, they wanted the landlord to complete the outstanding works to levelling the section in the rear garden and redo the paving stones to the front garden, as it agreed. The resident explained that during the visit on 7 June 2021, the landlord said it would be in touch within two weeks, with an appointment date for the agreed works to go ahead. They said that if the landlord could commit to contacting them within two weeks, with a date for the works to be carried out they would consider this satisfactory in resolving their complaint.
8. On 11 June 2021, we wrote to the landlord and asked if it could agree to contacting the resident by 21 June 2021, with an appointment date for the outstanding works to be completed. It responded and agreed to do so. It reiterated that it would be completing the following works:

a.     Levelling the section in the rear garden then seed. It noted that the resident said they were happy to water/reseed as required.

b.     Redoing the pebbles in the front garden with a better membrane (to be more effective at stopping weeds coming through).

In addition to the above, the landlord said that it would also redo the sleeper steps in the rear garden.

9. We called the resident on 16 June 2021 and relayed landlord’s agreement. They confirmed its commitment was a satisfactory resolution to their complaint.
10.    Paragraph 55 (c) of the Housing Ombudsman Scheme states that:

a.     “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.