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Clarion Housing Association Limited (202119040)

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REPORT

COMPLAINT 202119040

Clarion Housing Association Limited

12 January 2022


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 response to a squirrel infestation.

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, following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The resident raised a formal complaint to the landlord about its response to a squirrel infestation within their local area.
  2. The landlord provided its final response to the complaint on 12 November 2021. It explained that after receiving specialist advice, it could not take any action to remove the squirrels. However, it confirmed that it wrote to residents of the area advising them not to leave food out and agreed to complete tree works to trim branches overhanging in the resident’s garden. It informed that residents are responsible for pest control within their own gardens and provided information on how they could deal with squirrels in their garden. The landlord offered the resident £50 in recognition of their time and trouble pursuing the complaint and, the delay in it writing to residents.
  3. The resident referred their complaint to the Housing Ombudsman, as they remained unhappy with the level of compensation offered and the action the landlord had taken to address the issue. When we discussed the complaint with the resident on 3 December 2021, they confirmed that while the landlord had cut down one tree, they felt it should cut down at least three trees to assist with the squirrels. As well as this, they said they wanted the landlord to increase the compensation offered.
  4. After the conversation with the resident, we wrote to the landlord with their outstanding issues and the resolutions being sought.
  5. It responded on 6 December 2021, that it would not cut down any further trees as the trees were in good condition and this would have an environmental impact. Furthermore, it did not consider that the removal of the trees would eradicate the squirrels but, said it had carried out works to trim down two trees which it deemed sufficient. Additionally, it agreed to increase the compensation to £100.
  6. We discussed the landlord’s response and offer with the resident on 22 December 2021. They accepted the landlord’s explanation as to why it would not cut down any more trees. The resident queried what trees the landlord had trimmed and if this had not been done, when they could expect this work to be carried out.
  7. We wrote to the landlord, and it confirmed on 6 January 2021, that the two trees were overhanging into the resident’s garden and were trimmed on 12 November 2021, in additional to the removal of one tree.
  8. This Service discussed the landlord’s response with the resident on 10 January 2022. They confirmed that their garden was free from overhanging branches and agreed that they accepted the landlord’s offer of compensation.
  9. 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’.”
  10. 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

  1. The landlord is to pay the resident the £100 compensation within three weeks of the date of this report. If the landlord has already paid the resident the £50 it offered in the complaint response dated 12 November 2021, it is to pay the difference.