Nottingham City Council (202123418)

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REPORT

COMPLAINT 202123418

Nottingham City Council

25 April 2022


Our approach

At any time, the Ombudsman may determine the investigation of a complaint immediately if satisfied that the landlord has offered redress to the complainant prior to investigation which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘reasonable redress’.

The complaint

  1. The complaint is about the landlord’s decision to withhold a “responsible tenant reward” from the resident.

Determination

  1. In deciding whether the landlord has offered reasonable redress and if the complaint has been resolved satisfactorily, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.
  2. After carefully considering all the evidence, I have determined that the landlord has offered reasonable redress to the complainant.

Summary of events

  1. The landlord has a responsible tenant reward scheme under which it pays resident’s £100.00 to thank them for conducting their tenancies responsibly by paying their rent, looking after their home, being good neighbours and being registered to vote.
  2. On 24 November 2021, the landlord wrote to the resident advising them that they did not qualify for the 2021 responsible tenant reward because gas servicing appointments had not been kept.
  3. The resident submitted an appeal. On 21 January 2022, the landlord rejected the appeal, explaining that it had withheld the reward because the resident had missed Gas Safe appointments. The landlord referred the resident to the Ombudsman should they remain dissatisfied with the outcome.
  4. The resident brought their complaint to the Ombudsman on 24 January 2022. They explained that they thought the landlord’s decision was unfair, they disputed that they had missed Gas Safe appointments and that they should be entitled to the responsible tenant reward.
  5. This Service accepted the resident’s complaint and contacted the landlord to request information so that we could prepare the case for investigation.
  6. On 21 March 2022, the landlord contacted this Service. It explained that, in response to our enquiry, it had reviewed its records and arrived at the decision that it had made a mistake. It would now offer the resident the responsible tenant reward and apologise for its mistake.
  7. On 7 and 12 April 2022, the resident further stated that the landlord’s proposal would resolve their complaint.
  8. On 8 April 2022, in response to our proposal that it should consider taking part in mediation to resolve the complaint, the landlord advised this Service that a letter should have been sent confirming that the responsible tenant reward had been awarded, along with next steps for requesting a refund/transfer of the £100.00 it had paid to the resident’s rent account to their bank account, but that this had not been completed.

Reasons

  1. Paragraph 55(b) 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 offered redress to the complainant prior to investigation which, in the Ombudsman’s opinion, resolves the complaint satisfactorily. This will result in a finding of ‘reasonable redress’.
  2. The landlord has acknowledged the shortfall in respect of its assessment of the resident’s qualification for the responsible tenant reward, has advised that it shall send the resident a written apology and shall pay the £100.00 reward to the resident’s bank account. The resident has advised this Service that receiving these would resolve the complaint to their satisfaction. The above finding of reasonable redress, therefore, is dependent on the apology and payment being made to the resident.

Recommendations

  1. That the landlord should write to the resident to apologise and arrange to pay the £100.00 reward to the resident’s bank account within three weeks of the date of this determination. Once the payment has been made the landlord is to provide confirmation to this Service.