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Karbon Homes Limited (202126682)

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REPORT

COMPLAINT 202126682

Karbon Homes Limited

15 June 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 residents complained about the landlord’s:
    1. offer of compensation in relation to its handling of a repair to the fence.
    2. response to their concerns about the conduct of a staff member.

Determination (decision)

  1. In accordance with paragraph 55 (c) of the Housing Ombudsman Scheme, the landlord has made an offer of redress following the Ombudsman’s intervention which, in the Ombudsman’s opinion, resolves the complaint satisfactorily.

How the complaint was resolved

  1. The residents raised a formal complaint to the landlord about the time taken for it to repair their garden fence. The resident’s explained in their complaint that while the fence was defective, they had no security to their property and their dogs were not secured in their garden.
  2. In the initial response to the complaint, the landlord explained that it had not exceeded its 90-day repair target for completing the repair to the fence. It also stated that it was not responsible for the resident’s dog, and this was the resident’s responsibility.
  3. The resident escalated their complaint and noted within the escalation request that they were not happy with the time it took to repair their fence, as their neighbour’s fence had been repaired sooner. As well as this, the resident expressed that they were not happy with the comments the landlord had made regarding the responsibility for their dog. The resident said that to resolve the complaint, they wanted compensation in recognition of their experience.
  4. The landlord provided a final response to the complaint on 23 February 2022. It maintained its position regarding the target time for the repair to the fence but acknowledged that there were some delays on its own part, which resulted in the resident having to chase up the repair. It recognised that this caused an impact on their mental health. It acknowledged that the comments made about the responsibly for the resident’s dog, while unwelcomed by the resident, was true. In relation to the security of the property, it responded that the fact that the fence needed repairing did not compromise the security of the property itself, as the building was sound.
  5. The landlord acknowledged that its service had not met the resident’s expectations. It upheld part of the complaint concerning the repair to the fence, as although the repair was completed within the target time, it found that there was some delay in the completion. It also apologised for any distress experienced by the resident because of the defective fence and offered apologies that the resident was offended by comments its staff members had made. It offered the resident £51.27 compensation in recognition of their experience and its handling of the repair.
  6. The resident referred the complaint to this Service for consideration as they remained unhappy with the landlord’s response to their complaint and the level of compensation it offered. The resident explained that they wanted the landlord to acknowledge that the comments made about the responsibility for their dog was disrespectful to them and understand the impact the defective fence had on them. They informed that they wanted to be compensated for how they felt because of the landlord’s actions and advised that they wanted £750 compensation.
  7. We wrote to the landlord on 11 May 2022 and set out the resident’s dissatisfaction with the outcome of their complaint and the outcomes they sought. We asked the landlord whether it would like to try and resolve the complaint through our mediation process.
  8. On 12 May 2022, it agreed to take part in the mediation process and offered to increase its offer of compensation to the resident by an additional £125, making the total offer £176.27. In addition to this, it offered its apologies to the resident for the impact the comments had on them. It reassured that going forward, its members of staff would adapt their style when communicating with its customers.
  9. We informed the resident about the landlord’s revised offer of compensation and apology and they confirmed on 24 May 2022, that they were happy to accept its offer and apology 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

  1. The landlord is to arrange for the payment of the £176.27 that it offered to the resident, within three weeks of the date of this report. If it has already previously paid the £51.27 it offered in the complaint response, it is to pay the difference of £125.
  2. Once the payment to the residents has been made, the landlord is to provide confirmation of this to this Service.