Sanctuary Housing Association (202203195)

REPORT

COMPLAINT 202203195

Sanctuary Housing Association

11 April 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

1. The complaint is about the landlord’s response to the resident’s request to cut back trees in the back garden of the resident’s property.

Background

2. The resident is a secure tenant of the landlord. The resident moved into the property in 2008, which has a private garden.
3. In May 2020, the resident asked for assistance from the landlord to cut trees in his rear garden. He said that his recollection was that when he moved into the property the landlord had told him it would maintain the trees. The landlord explained that at the start of his tenancy it had agreed to some work on ivy plants, but not the trees. It said the trees were the resident’s responsibility to maintain, but gave details of voluntary organisations who might be able to help.
4. Following a visit in August 2020, the landlord asked the resident to arrange for the trees to be cut back. It explained that it would not be liable for any potential damage caused by the trees becoming overgrown. The resident informed the landlord that he had asked for the trees to be cut prior to moving in, and was no longer able to do it himself.
5. The landlord suggested commissioning the work itself, to be paid back by the resident in instalments. The resident agreed for an inspection and quote. The landlord arranged in June 2021 for a contractor to provide a quote for cutting and maintaining the trees, but the resident chose not to go ahead with the work due to the cost.
6. In April 2022, the resident contacted the landlord to report that the overgrown trees had damaged the shed, fence and paving slabs at the property and, due to this, he had been unable to use the garden for three years. He asked for assistance from the landlord in cutting the trees, as they were impacting him and his neighbour, and were blocking sunlight and clean air. The landlord reaffirmed the trees were his responsibility. It recommended he seek a quote from an independent contractor.
7. On 17 May 2022, the resident raised a complaint about the overgrown trees in his rear garden. He later added that the overgrown trees had damaged the garden, fence, shed and paving slabs at the property. He also complained that he had previously reported that his neighbour’s children had damaged the fence, but nothing had been done. He said that the issues were impacting his mental health and wanted the landlord to cut the trees back.
8. The landlord provided its stage two complaint response on 6 July 2022. It stated that, as per the tenancy agreement, it was the resident’s responsibility to maintain the trees, but that it had recommended contacting voluntary organisations, or that he could get an alternative quote and it may be able to pay for the work, which the resident could then pay back in instalments. It stated that the resident had been in the property 12 years, and therefore the trees would have grown significantly during this period if they were not being maintained. It added that dividing fences are also the resident’s responsibility. It did not uphold the complaint but stated that it would repair the fence on this occasion.
9. The resident subsequently escalated his complaint to this Service. He stated that the fencing issue had been resolved, but that the issue relating to the overgrown trees at the property was ongoing. He was seeking for the landlord to cut the trees back.

Assessment and findings

Scope of investigation

10. In November 2022, the resident informed this Service that one of the trees at the property was leaning over, and posed a health and safety issue. As this is a separate issue to the complaint raised with the Service, this is not something that this Service can investigate at this stage, as the landlord needs to be provided with the opportunity to investigate and respond first. It is recommended that the resident reports his concerns to the landlord.

Policies and Procedures

11. The landlord’s tenancy agreement states that residents should look after and keep tidy any garden area of which the resident has exclusive use. The tenancy handbook states that residents are responsible for looking after any trees in their garden and that, in some cases, it may ask residents to pay for the removal of trees if they cause damage to the property.

The landlord’s response to the resident’s request to cut back trees in the back garden.

12. As per the tenancy agreement and the tenancy handbook, the resident is obligated to maintain the private garden of the property, which includes any trees. Therefore, the landlord would not have been obligated to pay for or carry out maintenance works to the trees at the property.
13. Whilst it was in line with its obligations for the landlord to state that it would not be responsible for paying for or completing the maintenance works needed to the trees at the property, it recognised that the resident had concerns about being able to complete the work himself. On several occasions, it offered the resident alternative solutions which would enable the work to be completed. On 28 May 2020, 12 August 2020 and 6 July 2022 it informed the resident that he could reach out to voluntary organisations who assist people with completing garden works, and gave the name of one organisation. This is evidence that the landlord was trying to find an appropriate alternative for the resident when considering his concerns about the cost and the extent of the work required.
14. The landlord offered to pay for the work needed and the resident repay the costs in instalments. The resident declined due to the cost. The landlord was under no obligation to offer this option, and the fact that it did shows it was sensitive to the resident’s situation and trying to find solutions tailored to his needs and his obligations. The quote for the work was from an independent contractor, and so the cost was outside the landlord’s control.
15. At times throughout this process the resident informed the landlord that the condition of the trees was resulting in damage to a shed, paving slabs and the general state of the garden at the property. Prior to the resident reporting any damage, the landlord had informed him on 5 August 2020 that as it was his responsibility to maintain the trees, it would not be liable for any damages caused by them. This was reasonable in the circumstances, and in line with the tenancy agreement and the landlord’s policies and procedures.
16. In December 2020, the resident had also informed the landlord that the roots of the trees in the garden had dislodged some paving slabs, which he believed were now dangerous. The landlord has informed this Service that, at the time, the resident had also raised a query about subsidence at the property. Due to this, it completed an inspection of the property and identified areas of the patio where paving slabs needed to be replaced and a step installed. It informed the resident in January 2021 that the paving slabs located at the rear of the garden, which he had stated were impacted by the trees, would be his responsibility to repair or replace. This was reasonable when considering that the damage was as a result of the trees which were the resident’s responsibility.
17. Ultimately, the landlord acted in line with its obligations and policies when handling the resident’s requests for it to cut back the trees, and it provided the resident with alternative solutions which, in the Ombudsman’s opinion, were reasonable in the circumstances.

Determination

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

Recommendation

19. If the situation with the trees remains the same, the landlord is recommended to remain open to the option it offered the resident to repay it in instalments for work it commissions itself – provided that option remains viable and practical. This would be something for the resident to discuss with the landlord if he wants to take advantage of the option.