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The Riverside Group Limited (202120187)

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REPORT

COMPLAINT 202120187

The Riverside Group Limited

26 May 2022


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 an annual gas safety check appointment.

Determination (decision)

  1. In accordance with paragraph 55 (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. On 31 August 2021, the landlord attended the resident’s property to carry out an annual gas service. The resident was unaware of the appointment and was not present at the property, however, their partner was. As the resident was unaware of the appointment, it was rebooked by the landlord for 13 September 2021.
  2. This appointment date was not suitable so the resident called the landlord on 10 September 2020, to reschedule. The landlord confirmed that someone would call back the resident.
  3. Before the resident received a call back, they received a letter from the landlord notifying them of the appointment that it scheduled for 13 September 2021. They later received two more letters from the landlord advising that an appointment would need to be arranged for the annual gas check.
  4. The resident submitted a complaint on 27 September 2021 about the communication they received from the landlord about scheduling an appointment for the gas safety check.
  5. Shortly after the submission of the complaint, they received a fourth letter from the landlord’s solicitor threatening legal action, as it believed that the resident had not arranged an appointment for the annual gas check. The letter advised the resident to respond to a number that was provided, which they did, but received no response.
  6. The landlord contacted the resident on 14 October 2021 and the appointment was re-scheduled for 25 October 2021.
  7. The landlord provided its final response to the resident’s complaint on 9 December 2021. It said that a letter was sent to the resident on 16 August 2021, notifying them of the appointment booked for the 31 August 2021 however, it was not able to offer an explanation as to why the resident did not receive this.
  8. It acknowledged that the resident called it on 10 September 2021 to reschedule the appointment, but no one called them back until 14 September 2021.
  9. The landlord confirmed that it found that there was poor communication in the way it dealt with the arrangement of the appointment. It confirmed that it passed the feedback from the resident, that legal letters should not be sent to residents who are vulnerable. It advised that the letter from its solicitor was sent due to the delays in it rebooking the appointment and it apologised for the inconvenience and distress caused to the resident.
  10. The resident brought their complaint to this Service and was unhappy with the outcome. They explained that they believed that the landlord should have offered compensation, due to the stress and anxiety its actions had caused.
  11. We contacted the landlord and asked if it would like to take part in our mediation process as a way to resolve the complaint with the resident. It agreed to take part and offered the resident £100 in recognition of the impact the matter had on them. The landlord said that in accordance with its policy, if the resident’s rent account was in arrears, the payment of the £100 would be made to their rent account.
  12. We notified the resident of the landlord’s offer on 19 April 2022 and advised of the advice given by the landlord about payment being paid into the rent account due to rent arrears. The resident advised that while they accepted the offer of compensation, they wanted the landlord to provide a letter with assurances that there would be no repercussions against them. The resident also noted that they felt the landlord’s apology in the complaint response was not sincere and did not admit fault.
  13. On 28 April 2022, we contacted the landlord and asked if in addition to the offer of £100, it would write to the resident with assurance that there would not be any repercussions against them. It wrote to the resident on 6 May 2022, advising that there would be no repercussions and advised that the payment of £100 would be made to the resident’s rent account.
  14. 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’.”
  15. In the complaint response, the landlord acknowledged that there was miscommunication and delays in it scheduling the appointment for the gas safety check and it upheld the complaint on this basis. It offered the resident an apology for the inconvenience and distress caused as a result of its actions. It has since offered the resident £100 and reassured them that there would be no repercussions following the matter.
  16. 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.