Platform Housing Group Limited (202216358)

REPORT

COMPLAINT 202216358

Platform Housing Group Limited

31 January 2023

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

This complaint is about the landlord’s request that the resident remove her belongings from the communal areas of her building.

Background

The resident is a leaseholder. The property is a first-floor apartment in a block of flats with internal communal areas.
In August 2022, a cleaner reported to the landlord that personal belongings were in the communal area. These were a painting fixed to the wall, a wooden shelving unit with towels fixed to the wall and a bucket and shoes. It was not known at the time who the items belonged to. Removal stickers were placed by the painting and wooden shelving unit, which requested to remove them by 18 August 2022, in line with the landlord’s fire safety management policy. On 11 August 2022, the resident contacted the landlord and disputed the reason for removal of the painting and wooden shelving unit.
Having received the resident’s communication on 21 August 2022, the landlord responded to the resident on 23 August 2022, stating that the items must be removed as per the fire safety management policy. It provided its fire safety poster.
On 30 August 2022, the resident raised a stage one complaint to the landlord regarding its stance on the removal of the painting and wooden shelving unit. She asked to be allowed to have a doormat at her front door, and said she had been told previously that she could not have one. That was why she had installed the shelving unit. She stated the painting had been on the wall for at least two years and the wooden shelving unit for fifteen and had been ignored during that time. She said she felt discriminated against as the same rules did not apply to the other buildings.
The landlord provided its stage one response on 14 September 2022. It reiterated that the items must be removed, explaining that its fire safety management policy applied to all residents.
On 20 September 2022, the resident raised a stage two complaint. She did not feel the issues had been resolved, she still disputed whether the items were a fire hazard and asked for a visit from a fire officer to assess the items. The landlord sent its final response on 21 October 2022, upholding its original decision and reasons.
The resident brought her complaint to this Service because she remains unhappy with the landlord’s request and response.

Assessment and findings

Policies and procedures

The resident’s lease agreement states that the leaseholder must comply with such regulations as the landlord may make from time to time relating to the orderly and proper use of the common parts and security of the building.
The landlord’s fire safety management policy states that the landlord retains control and responsibility of all common areas, to ensure these areas are safe and afford unhindered access and egress in the event of an emergency. To reduce the ‘fire loading’ in common areas and to ensure emergency exit routes for access and egress are kept clear and free of hazards at all times, the landlord will operate a ‘zero-tolerance’ approach to all its ‘general needs’ common areas.

The landlord’s request that the resident remove her belongings from the communal areas of her building

While the resident requested an independent fire inspector to inspect the items, it is understandable that the landlord chose not to do this when taking into consideration its zero-tolerance in regard to its fire safety management policy. Nothing in the resident’s lease, or the landlord’s policies provides a route of appeal such that an assessment of any fire risk posed by the resident’s belongings would be relevant, nor does the lease set out any rights for the resident to keep items in common areas. The landlord’s decision was therefore in line with the lease, and its policy, and was reasonable.
The resident explained to the landlord that she had kept her items in the common areas for several years or more without challenge. While the landlord’s decision would undoubtedly have caused frustration and inconvenience in that circumstance, the length of time that had passed does not undermine the landlord’s decision to act in line with its policies and procedures now.
The resident told the landlord that other properties it owned or managed were not held to the same rules. It explained in response that the other properties have a specialist housing scheme and have a managed-use approach which is in line with its fire management policy. Nothing in the evidence indicates the landlord’s explanation was inaccurate.
Overall, unless the tenancy agreement or lease says otherwise, a landlord will usually insist that common areas are kept clear of personal belongings, unless there are exceptional grounds, and even then permission from the landlord would normally be required. In this case, nothing in the resident’s lease indicates a right to keep items in the common areas, nor has any evidence been seen which might suggest the landlord’s request and decision were unreasonable.

Determination

In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of the complaint.