Barnet Council (202012764)

REPORT

COMPLAINT 202012764

Barnet Homes

19 July 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 landlord’s handling of the resident’s reports of fly infestation at their property.

Determination (decision)

2. 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

3. The resident is an assured tenant.
4. The resident stated that they first had reported issues with a fly infestation at their property in January 2020. In January 2021, with the assistance of this service, the resident raised a formal complaint explaining that the situation with the flies at their property was deteriorating and there were considerable delays in the landlord’s response to their reports. The resident explained that her mental health and the use of property were affected by the flies. The resident was also unable to store any food.
5. In its final response of 04 March 2021, the landlord apologies for its previous handling of the complaint and lack of information provided at stage 1. The landlord explained that flies were not a pest control issue that it would routinely treat under its policy. However, the landlord acknowledged that the situation in this case was different as the source of the infestation was the neighbouring property. The landlord committed to resolve the issue once the source is identified and acknowledged its delays in dealing with it. The landlord agreed it could have managed the situation more efficiently and apologised for the resident’s experience.
6. The resident brought their complaint to the Housing Ombudsman on 29 April 2021, stating that the issue with the flies had been resolved. However, the resident was dissatisfied with the delays and the landlord’s overall handling of their reports. The resident explained that the landlord did not acknowledge in full the effect this had on their mental health and the occupation of their property. The resident explained that they were unable to store any food and incurred expenses due to this.
7. The resident agreed to participate in the Ombudsman’s mediation process and explained that they were seeking compensation of £2500.00 for their complaint in recognition of the financial loss due to thrown food and inconvenience caused.
8. This Service forwarded the offer to the landlord on 07 June 2021. Following further correspondence between this Service, the resident and the landlord, the landlord agreed to offer £750.00 compensation.
9. On 16 July 2021, in a telephone conversation, the resident accepted the offer of £750.00 as a resolution to their complaint.   
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

12. The landlord should arrange for the payment of £750.00 compensation to be made to the resident within the next four weeks and provide confirmation of payment to this Service.
13. The Ombudsman would like to thank the parties for participating in our mediation process. This case is now closed.