Citizen Housing (202015791)

REPORT

COMPLAINT 202015791

Citizen Housing

5 November 2021

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.     The complaint is about the landlord’s handling of the resident’s reports concerning the communal bin storage area in the building his property is situated in.

 

Background and summary of events

 

Background

 

2.     The resident is the secure tenant of a maisonette located within a larger building. That building has a communal bin store. Residents of the building are obliged to put their rubbish in wheelie bins located within that store. It is the local authority, rather than the landlord, who empties those bins on a regular basis.

 

3.     The resident reports that the bin store regularly suffers from overspill and his complaint centres around this issue.

 

Summary of Events

 

4.     The landlord’s internal records note that on 11 March 2021 the resident complained to its Customer Service Centre about rubbish being dumped in the bin area, which was not being cleared up and was creating a smell. By way of resolution the resident was recorded as suggesting the landlord move the bin storage area to a disused room away from his property. He also raised the possibility of installing CCTV to identify who was creating the problem.

 

5.     In March 2021 the local authority and the landlord produced a joint leaflet for residents across the city that this resident’s property is situated in. It confirmed that both organisations received regular reports of fly tipping, overspill, and litter. It confirmed they were committed to working together to try to investigate instances of fly tipping in particular.

 

6.     The leaflet stated, however, that disposing of waste appropriately was the responsibility of every individual resident in the area. It then set out how waste could be disposed of correctly; reinforced that fly tipping was a “criminal activity”; and explained that the disposal of rubbish through windows was treated as fly tipping.

 

7.     On 30 March 2021 the landlord wrote to the resident with its first response to his complaint.

 

1. It confirmed that it had arranged for an urgent removal of “the rubbish overspill” and was to clear the area up.

 

2. It stated that it would not instal CCTV to cover the bin store as “this is not legally allowed”.

 

3. It advised that it was working with the local authority to improve the bin stores (rather than relocate them) and a member of its staff would monitor the area.

 

8.     The landlord’s internal records note that on 17 May 2021 the resident’s MP contacted it, stating the resident was not satisfied with its complaint response and requesting that it be escalated for further consideration.

 

9.     On 28 May 2021 the landlord acknowledged the resident’s escalation request and confirmed it was investigating the situation.

 

10. The landlord then wrote to the resident with its final complaint response on 28 June 2021. It understood the resident had escalated the complaint because he was dissatisfied with the landlord’s decision to refuse to relocate the bin area and/or install CCTV cameras.

 

1. The landlord accepted that the resident had made several reports of rubbish overflowing in the bin area and apologised that he had had to take this action. It commented that fly tipping and excess rubbish was a problem “across the country” and that it took up “valuable and limited resources at housing associations and councils”. It stated the problem had increased during the COVID-19 pandemic.

 

2. The landlord referred the resident to the leaflet sent out in March and confirmed it had been circulated to nearly 5000 other residents. It reiterated what was set out in that leaflet. It confirmed that the local authority was responsible for providing bins and emptying them. It explained that “in communal bin areas, they will not remove any rubbish that is not inside the bins”.

 

3. The landlord then acknowledged that any rubbish not left correctly in bins, or which had been left in the vicinity of a bin storage area, or which was due to fly tipping, was its responsibility when it took place on its land. Likewise, the local authority was responsible when the area involved was its land. It confirmed that both had a target timeframe for removal of five working days.

 

4. The landlord concluded by stating that whilst it understood the resident’s desire for the bin area to be moved away from his property and/or CCTV to be installed, “this is not something that we can offer”.

 

5. Finally, it expressed regret that the resident was dissatisfied with the level of service provided. 

 

11. On 14 July 2021 the resident emailed the landlord, attaching a “picture of bin shed full of rubbish dumped on the floor”. He reported that it was causing a smell and attracting flies. He was concerned that this might trigger his child’s asthma. He was further concerned that nothing was being done to find a long term and permanent solution. He stated that on hot days the smell/flies were so bad that no person would enter the building unless they really needed to. He complained that the matter had been ongoing for nearly three years despite him making a large number of telephone calls to the landlord about it over that time period.

 

12. On 17 July 2021 the resident contacted his MP and reiterated his concerns as set out in his email to his landlord.

 

13. On 20 July 2021 the resident’s MP wrote to the landlord on his behalf regarding the accumulation of rubbish and asking that it look into the matter. The landlord acknowledged this request the same day and stated it would investigate and provide an update.

 

14. On 26 July 2021 the resident emailed the landlord, providing photographs of the bin shed and asking why it had not been emptied.

 

15. The landlord responded to the MP on 30 July 2021. It confirmed there had been “considerable fly tipping of bulk items again … and this does impact on the access to complete bin collections…” The landlord confirmed that it was working to try to identify where the “excess” was coming from. It was also getting its pest control team to inspect the area to see if there was anything they needed to do. In the meantime, it confirmed it would be clearing the bins again that day.

 

16. The landlord’s internal records (email, 6 September 2021) confirmed the block the property is situated in has wheelie bins as opposed to large bulk bins.  The staff member commented, “If we come across any bulky items this would be passed to the bulk team to collect.”

 

17. Another of the landlord’s internal records for that day identified the dates when bulk items had been dealt with at the building this year (12 January, 12 February, 16 February, 9 March, 17 May, and 6 July 2021).

 

18. The resident has reported to this Service that he is dissatisfied with the landlord’s final decision as he feels simply responding to reports of rubbish as they occur is a temporary fix rather than a permanent solution to what he describes as “an ongoing problem for years”. It is a permanent solution that he is looking for. He suggests this might be achieved by moving the bin storage area and/or installing CCTV to monitor it. 

 

Agreements, policies and procedures

 

19. The landlord operates an Estate Management Policy which confirms its aim of maintaining clean, safe and secure external and internal communal areas on its estates. The policy states:

 

1. The landlord will tackle environmental crime which includes fly tipping and littering, working in partnership with local enforcement agencies.

 

2. It will undertake regular and “ad hoc” inspections to ensure common areas are clean and in good repair.

 

3. The landlord may use CCTV in some areas to ensure safety and security. Where CCTV is installed, footage may be used to “identify those carrying out environmental offences, anti social behaviour or criminal acts”.

 

4. Where the landlord has provided communal areas, “customers must adhere to the rules which have been set locally for the use of these rooms”.

 

Assessment

 

20. This complaint centres around the removal of rubbish and it is important to note that some of that activity is the responsibility of the local authority. The landlord is not accountable for the way in which that authority conducts its obligations. It accepts, however, that it is responsible for resolving overspill rubbish, litter and fly tipping in the area. 

 

21. On 7 July 2021 the resident sent photographs to this Service which he considered demonstrated the problem he is complaining about. He considers that whilst the bin room is meant to house wheelie bins for use by the residents, some of them leave their rubbish on the floor, leaving no space for the bins to be removed from, or returned to, the bin store after the weekly collection. He reported he understands two residents do not have wheelie bins anyway, which he considers is exacerbating the situation.

 

22. The Ombudsman is limited in the extent to which it can rely on photographic evidence as it is not possible for this Service to determine the location/circumstances of the photographs, or the validity of the images themselves. As a result, significant reliance is not generally placed on such evidence when reaching our decisions.

 

23. However, the written evidence demonstrates that residents (and possibly non-residents) of the building the property is situated in, are leaving rubbish “overspilling” the bins, or in the immediately vicinity, rather than inside them. Sometimes this includes bulk items which need separate removal.

 

24. The landlord has produced records which show that it attends the building regularly to carry out cleaning. Its operatives’ reports of “overspill” in the bin room feature regularly in those records. The landlord, however, responds retrospectively, dealing with the overflow.

 

25. The resident does not take issue with the way in which the landlord deals with these reports, or the time it takes, but rather considers that it should take a more pro-active approach to stop the problem arising in the first place.  He has suggested this might be achieved by moving the bin area or installing CCTV. The landlord has declined both suggestions.

 

26. There is no evidence to confirm why moving the bin storage would resolve the problem, other than moving it further away from the resident’s property. The landlord considers that using CCTV to record abuse of the facilities is not an appropriate use for such a system and considers it would not be acting legally by installing a system on this basis. Its Estate Management Policy does allow for footage from CCTV to identify perpetrators of fly tipping/littering, but this is where the system has been installed to protect residents’ safety and security rather than for monitoring their movements.

 

27. Whilst the resident reasonably reports being unhappy with the situation, the landlord is in a difficult position. It cannot positively restrain individuals who are determined to act irresponsibly when it comes to disposing of their rubbish. Its refusal to install CCTV purely for this purpose is reasonable and it cannot monitor the area twenty-four hours a day.

 

28. The landlord has complied with that policy, by regularly cleaning the area and liaising with other agencies – for example the local authority – to try to find a solution. The leaflet, distributed to 5000 households evidences the problem is one being faced generally in society in this area, rather than it being peculiar to this building.

 

29. Whilst the landlord (in conjunction with the local authority) has brought the issue to the attention of residents generally, this Service suggests that it could take further steps to manage the behaviour of the residents of this building in respect of this bin storage area. One measure could be to put signs up in the vicinity and/or write a letter to all residents in this building advising them on the proper use of the bin area.

 

30. The landlord has advised this Service of its current work with the local council’s Waste and Enforcement Team and states that it continues to request for information from residents on fly-tipping incidents. This Service finds that, the situation is made more difficult by the activities of persons who have not been identified. Recommendations have been made for actions the landlord should consider taking to improve the situation.

 

Determination (decision)

 

31. In accordance with paragraph 54 of the Housing Ombudsman Scheme there was no maladministration by the landlord in respect of its handling of the resident’s reports concerning the communal bin storage area in the building his property is situated in.

 

Reasons

 

32. The landlord has been consistent in responding to the resident’s reports o the issue and there is no evidence that the resident’s suggestion of moving the bin storage area would resolve it. Suggestions for a more proactive approach have been made below.

 

Recommendations

 

33. The landlord to check whether there are sufficient wheelie bins available comparable to the number of resident’s using the facility. In the event there are not, the landlord to liaise with the local authority to see if additional supply can be secured/accommodated in the area.

 

34. The landlord to place notices in the vicinity of the communal bin storage area instructing residents on its use.

 

35. The landlord should consider involving tenants more directly in seeking a solution by organising residents’ meetings to discuss the issue and likely solutions.