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Clarion Housing Association Limited (202007823)

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REPORT

COMPLAINT 202007823

Clarion Housing Association Limited

23 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 noise nuisance from the flat above.

Determination (decision)

  1. 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

  1. The resident is an assured tenant.
  2. The resident contacted this Service in October 2020 reporting ongoing issues with noise from the neighbours above. The resident also requested a replacement of the laminate flooring in the flat above with a carpet. A formal complaint was raised with the Ombudsman’s assistance on 16 November 2020.
  3. The landlord responded on 27 January 2021 advising that it had investigated noise levels. It stated that it had approached the resident above and advised them to be considerate about noise nuisance being caused to surrounding properties. The landlord advised that it had visited the property and could confirm that rugs had been put to mitigate the noise. The landlord explained that these were the only actions it could take. The landlord also acknowledged that during lockdown period people spent more time at home and this was likely to increase the noise levels. The landlord awarded £50.00 in recognition of the delays in its response.
  4. On 05 February 2021, the resident escalated their complaint. The resident advised that they were not satisfied with the steps taken by the landlord. The resident wanted the landlord to replace the laminate flooring in the property above with underlayed carpet, and for the neighbour to be reminded of acceptable noise level and appropriate times.
  5. On 09 March 2021, the landlord responded at the final, stage 2 of its complaints process. The landlord explained that the neighbour’s tenancy agreement does not prohibit laminate flooring. It stated that it had followed its ASB policy and procedure and had taken reasonable steps to deal with the noise.  The landlord acknowledged that the disturbance to the resident was high and it would continue to try to find a solution. However, it was unable to disclose any further information in its final response on how it would do so.
  6. The resident brought their complaint to this Service on 04 May 2021, explaining that the noise had been affecting them significantly. The resident was seeking for the laminate flooring to be removed and a fully underlayed carpet to be installed.
  7. We have forwarded this request to the landlord on 06 June 2021.
  8. Following further correspondence between this service and the landlord, on 07 July 2021, the landlord explained that the neighbour above had moved out and it offered to install underlay and carpet while the property was empty.
  9. On 22 July 2021, the resident agreed to participate in the mediation process and accepted the landlord’s offer 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.

Recommendations

  1. It is recommended that the landlord issues a letter to the resident within the next four weeks which sets out  confirmation that it will install underlay and carpet at the property above and provide a timeframe in which this will be carried out, copying this Service in.