A2Dominion Housing Group Limited (202124746)

REPORT

COMPLAINT 202124746

A2Dominion Housing Group Limited

20 March 2023

Our approach

The Housing Ombudsman’s approach to investigating and determining complaints is to decide what is fair in all the circumstances of the case. This is set out in the Housing Act 1996 and the Housing Ombudsman Scheme (the Scheme). The Ombudsman considers the evidence and looks to see if there has been any ‘maladministration’, for example whether the landlord has failed to keep to the law, followed proper procedure, followed good practice, or behaved in a reasonable and competent manner.

Both the resident and the landlord have submitted information to the Ombudsman and this has been carefully considered. Their accounts of what has happened are summarised below. This report is not an exhaustive description of all the events that have occurred in relation to this case, but an outline of the key issues as a background to the investigation’s findings.

The complaint

1. This complaint is about the landlord’s handling of items left in the communal areas.

Background and summary of events

2. The resident is a leaseholder. The property is a 1 Bedroom self-contained first floor residential flat with a communal space.
3. The landlord arranged for an inspection to be carried out on 13 October 2021, without any notice.  The visit was an unplanned estate inspection in a communal area.  The landlord’s position was that there was no requirement to inform residents when inspecting a communal area. The landlord’s position was that, if objects found in a communal space present a significant fire or health and safety risk, they may be removed without warning. This also applies to items posing a significant fire or health and safety risk stored in any external areas, such as communal gardens.  During this visit, items belonging to the resident and other residents, were removed from the communal area. 
4. The resident made initial contact with the landlord via email in October 2021 explaining that he was not happy about a contractor carrying out an inspection on 13 October 2021 without any notice.  The resident advised the landlord that it must give 24 hours’ notice which details when an inspection visit will be, what time it will be, and for what reason and referred to the landlord and tenancy act. The resident also explained that he was not happy that residents’ belongings were removed from the communal garden and outside their porches.  The resident requested that the items be returned or compensation be awarded where the items had been disposed of. He advised that when he contacted the landlord, he was met with incredibly unhelpful and uncaring responses.
5. The landlord responded to this complaint via email on 29 October 2021 and advised that their priority is ensuring residents and leaseholders are safe from any fire hazards.  The landlord advised the resident that the tenancy agreements / leases general overview is that nothing should be left in communal areas, and these areas should be kept clean and free from any items to avoid any fire hazards and comply with health and safety. The landlord explained that failure to remove any goods could result in fires breaking out and serious injury if access and exits are blocked. They made reference to the resident’s own lease at bullet point 5 under the sixth schedule on communal areas.  The landlord highlighted the importance for it to ensure the safety of all Residents and Leaseholders living in blocks and confirmed that no items would be returned as they were disposed of upon removal.  The landlord did not uphold the resident’s complaint and explained that they did not agree that there had been a service failure on their part. It highlighted that there was signage in the communal area.
6. The resident responded to this email on 8 November 2021 expressing that he was unhappy about the response to his complaint.  The resident advised that he was unhappy that the landlord did not offer a resolution and disagreed with the landlord in respect of the sign being sufficient.  The resident expressed that he felt that the landlord acted outside of its obligation by not giving written notice of the inspection on 13 October 2021.
7. The landlord responded to the resident on 7 December 2021 by letter under stage 2 of its complaints procedure, and confirmed it did not uphold the complaint as this was a health and safety issue and in accordance with the tenancy agreement.  It explained that inspections and annual fire safety assessments of communal areas did not require prior notice to be given but offered to carry out a joint inspection in the future.  The landlord highlighted that the displayed signs indicated that items left in communal areas would be removed and disposed of without notice. The tenancy and lease agreements also prohibited the storing of personal items in communal areas. This was in line with its zero tolerance approach, as per the Building Safety Bill.
8. The resident has advised this Service that he remains dissatisfied with the landlord’s decision. He is therefore still seeking compensation for goods that were thrown away and for the landlord to follow its obligations. This Service is aware that the landlord also issued a further letter in May 2022 within which, it partially upheld the resident’s complaint and offered compensation for the delay in its handling of the complaint.  £120 was offered in recognition of the delay in reviewing the resident’s complaint and £50 for the inconvenience caused by these delays, which represented a total offer of £170.

Assessment and findings

9. There is duty on landlords to keep communal areas in a safe condition and to remove any goods in case they cause a fire risk. Landlords and freehold owners of residential buildings have a legal duty to ensure that a fire risk assessment is carried out to identify and remove any fire risks and hazards, or to reduce these as far as possible.
10. The landlord’s tenancy agreement, which the resident signed, confirms at Sixth Schedule, point 5: “Not at any time to leave any perambulator bicycle or other article or thing on any passageway, landing or other common part of the property which shall be kept clear of obstructions at all times.” The tenancy agreement confirms the landlord has the right to remove and dispose of such items. 
11. The Landlord’s Interim Fire Safety management plan at 3.12 states that the Resident’s responsibilities include “no goods/furniture/equipment (including buggies)/rubbish to be stored in communal areas”. 
12. Having identified items that could constitute a fire safety risk during an assessment in accordance with its Fire Safety Policy, the landlord had the right to seek to enforce the terms of the tenancy agreement. In such circumstances, a landlord faces the difficult challenge of balancing its desire for tenants to live peacefully in their homes, unhindered by landlord action, with a legal obligation to take action about safety risks.
13. It was clear to the resident that items will be removed from communal areas if they pose a health and safety hazard as this was stated in the tenant’s lease but there were also displayed signs, stating items left in communal areas would be removed and disposed of without notice.
14. Moreover, while the resident was displeased that the landlord visited the communal space without offering prior notice, it was reasonable that the landlord explained that for visits such as inspections and fire safety assessments, it was not required to do so. This was appropriate. As this related to the communal space and not the resident’s personal property, this Service cannot see that the landlord was under any obligation to share its intention to visit. While the resident has quoted the provisions under the Landlord and Tenant Act 1985, the requirement for notice here related to the resident’s specific home and not the communal area.
15. It is therefore this Service’s opinion that the landlord acted reasonably and fairly. The landlord’s removal and disposal of an item that they identified could constitute a fire safety risk, was in accordance with the tenancy agreement between the landlord and resident. Overall, the landlord’s actions were reasonable as it acted in response to a fire safety assessment, and provided the resident with opportunity to keep areas clear. It was not unreasonable that the landlord declined to reimburse residents for items disposed of.
16. With regards to the landlord’s handling of the complaint, this Service can see that it provided three complaint responses which were reasonable, explanatory and in accordance with timeframes set out in the Complaints Policy.
17. The landlord investigated the resident’s concerns, confirmed it discussed the resident’s claims internally, and then provided its position to the resident. While the landlord agreed to further consider the resident’s concerns and delayed several months in doing so, its eventual response was apologetic and offered compensation to recognise the delay / inconvenience. This was appropriate.
18. Overall, the landlord’s complaint handling was reasonable. The landlord’s removal of a personal items from communal areas was in accordance with policies and legal obligations and after reasonable notice was provided to the resident.
19. The landlord acted reasonably in responding to the complaint because it reviewed, investigated, and responded to the tenant’s complaint in a timely manner and in line with its Complaints Policy.
20. The decision to remove personal belongings from communal areas lay with the landlord under the terms of the resident’s lease and in this case, it clearly explained the reasons for its decision to the resident, which were supported by its procedure and the lease agreement.

Determination (decision)

21. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration in the landlord’s handling of items left in the communal areas.