Clarion Housing Association Limited (202101071)

REPORT

COMPLAINT 202101071

Clarion Housing Association Limited

9 September 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 complaint is about the landlord’s decision not to repair or replace a front fence at the resident’s 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, following the Ombudsman’s intervention, which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

3. The resident submitted a formal complaint to the landlord regarding its response to a requested repair to the fence. They complained that the landlord had agreed to complete repair works to the fence but did not do so.
4. The landlord provided its final response to the complaint on 9 April 2021. It concluded that it considered the fence was fit for purpose, based on the inspection findings of its Area Manager and Surveyor. It disputed that it had previously advised the resident that it would complete works to the fence. It acknowledged that it failed to call the resident back with an update when requested and offered the resident £25 compensation for the delay in its response to the complaint.
5. The resident referred their complaint to this Service on 1 May 2021, as they remained unhappy with the landlord’s decision. They said that the landlord had previously agreed to either repair or replace the front fence and to resolve the complaint, they wanted the landlord to uphold this agreement.
6. This Service contacted the landlord on 22 June 2021 and informed it of the outcome the resident was seeking and asked if it wished to take part in our mediation process. The landlord responded on 21 July 2021 and confirmed that it would like to provide the outcome requested by the resident.
7. This Service contacted the resident and confirmed the landlord had offered to provide the outcome sought. During the conversation, the resident clarified that they wanted the landlord to replace the fence with a like for like fence, as its condition had deteriorated. They specified that the fence was to be installed in the same place as the original, from the front door to the kitchen window.
8. The resident confirmed that they had one panel removed from the existing fence for ease of access to their driveway. They advised that the landlord could therefore leave this panel out when installing the new fencing. They also clarified that they did not require a gate to be fitted in the absence of the panel.
9. We contacted the landlord with the resident’s request. It confirmed to the Service on 24 August 2021 that it would fulfil the residents request to replace the fence. It noted that an appointment had been booked for 13 September 2021, for the works to go ahead.
10. We spoke with the resident on 25 August 2021, who confirmed that the landlord had notified them of the appointment date for the fence replacement.
11. Paragraph 55 (c) 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 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’.”

12. The landlord has agreed to replace the existing fence as the resident requested and confirmed an appointment date for these works to take place.
13. 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.