Call for Evidence on housing maintenance now open! Respond by 25 October 2024. Submit evidence online.

Settle Group (202212167)

Back to Top

 

REPORT

COMPLAINT 202212167

Settle Group

8 May 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 handling of the resident’s request for the landlord to financially support the installation of a driveway.

Background

  1. The resident is an assured tenant of the landlord.
  2. In August 2022, the resident made initial enquiries about whether the landlord was able to help in relation to installing a driveway at the property and an electric vehicle (EV) charging point. The resident stated that she was unable to fund this project herself and was seeking the support of the landlord to provide a solution to this matter.
  3. The landlord informed the resident that it would not provide any financial support to the resident to install a driveway at the property. However, if she wished to proceed with this at her own cost, she would need to contact the Local Authority to gain approval to have a dropped curb installed and then request permission for an EV port to be installed at the property.
  4. The resident subsequently raised a complaint to the landlord stating that she remained unhappy with the landlord’s response to her request for help in financing the installation of a driveway and the lack of support provided. The resident stated that her and her partner both own electric cars, without the installation of a driveway the property would no longer meet her needs. As such, the resident requested for the landlord to support her in the process.
  5. In its complaint response, the landlord stated that it would be unable to install the driveway for the resident as this was not its responsibility to do so and would be unable to offer financial assistance either. However, it provided information on how to request approval from the Local Authority and itself in relation to the installation of the driveway.
  6. The resident referred her complaint to this Service in November 2022. The resident remains dissatisfied with the landlord’s position that it will not provide financial support to install a driveway at the property. The resident feels that the landlord’s refusal to support this makes the property no longer suitable for her needs. As a resolution the resident would like the landlord to help cover the costs to complete the works required to install the driveway so that the property can meet the resident’s needs.

Assessment

  1. The landlord’s improvement policy, which can be found on the landlord’s website, states that residents are responsible for installing driveways. However, prior to doing so approval must be sought. As such, the landlord acted in accordance with its policy in informing the resident that it would be her responsibility to finance the installation of the driveway.
  2. It is acknowledged that the resident believed that as she paid rent and service charges to live in the property it should be suitable to her needs. However, the request being made is classified as an improvement and not a repair. Therefore, this would not fall under the landlord’s scope of obligations nor would it be essential for the landlord to complete. If the resident is unhappy with the property, she could discuss her options for moving property, if this is what the resident seeks.
  3. In light of this, the landlord provided the resident appropriate support as it signposted the resident to the Local Authority to gain approval for the dropped curb to be installed. Also, on how to seek approval from itself in relation to the installation of the driveway and the EV charging point. In addition, it provided the resident with suggestions on how to gain financial support for the improvement via the workplace. As such, the landlord provided reasonable advice to the resident that was in-line with its internal process and procedures.

Determination

  1. In accordance with paragraph 52 of the Housing Ombudsman Scheme, there was no maladministration by the landlord in respect of its handling of the resident’s request for the landlord to financially support the installation of a driveway.